1-1 By: Erickson, et al. (Senate Sponsor - Ratliff) H.B. No. 1064
1-2 (In the Senate - Received from the House May 14, 1993;
1-3 May 14, 1993, read first time and referred to Committee on
1-4 Education; May 20, 1993, reported adversely, with favorable
1-5 Committee Substitute by the following vote: Yeas 9, Nays 0;
1-6 May 20, 1993, sent to printer.)
1-7 COMMITTEE VOTE
1-8 Yea Nay PNV Absent
1-9 Ratliff x
1-10 Haley x
1-11 Barrientos x
1-12 Bivins x
1-13 Harris of Tarrant x
1-14 Luna x
1-15 Montford x
1-16 Shapiro x
1-17 Sibley x
1-18 Turner x
1-19 Zaffirini x
1-20 COMMITTEE SUBSTITUTE FOR H.B. No. 1064 By: Ratliff
1-21 A BILL TO BE ENTITLED
1-22 AN ACT
1-23 relating to regulation of and costs to school districts.
1-24 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-25 ARTICLE 1. PLANS, RECORDS, AND REPORTS
1-26 SECTION 1.01. Subchapter Z, Chapter 21, Education Code, is
1-27 amended by adding Section 21.938 to read as follows:
1-28 Sec. 21.938. DISTRICT AND CAMPUS PLANNING PROCESS. (a) The
1-29 board of trustees of each school district shall develop a district
1-30 and campus planning process, utilizing the procedures established
1-31 in Sections 21.7532, 21.930, and 21.931 of this code, under which
1-32 the board shall adopt a report detailing a plan for the district
1-33 and plans for each campus.
1-34 (b) Each district's report shall include a current analysis
1-35 of student performance based on the academic excellence indicators
1-36 adopted under Section 21.7531 of this code, campus performance
1-37 objectives established under Section 21.7532 of this code, and
1-38 other measures of student performance the board determines and
1-39 shall include provisions for:
1-40 (1) addressing the needs of students through special
1-41 programs, such as suicide prevention or dyslexia treatment;
1-42 (2) requiring the principal of each campus, with the
1-43 assistance of parents and guardians of the school's students, other
1-44 adults in the attendance area, and the professional staff of the
1-45 school, to establish a campus plan consistent with Sections 21.7532
1-46 and 21.931 of this code;
1-47 (3) dropout reduction;
1-48 (4) integration of technology in instructional and
1-49 administrative programs;
1-50 (5) discipline management;
1-51 (6) staff development for professional staff of the
1-52 district;
1-53 (7) career education to assist students in developing
1-54 the knowledge, skills, and competencies necessary for a broad range
1-55 of career opportunities;
1-56 (8) compensatory and remedial education as required by
1-57 Section 21.557 of this code; and
1-58 (9) other information the board considers useful.
1-59 (c) In the district report, or in another manner permitted
1-60 by federal law, the board shall address any federal planning
1-61 requirements.
1-62 (d) A district report is not filed with the Central
1-63 Education Agency, but the district must make the report available
1-64 to the agency upon request.
1-65 SECTION 1.02. Section 12.65(b), Education Code, is amended
1-66 to read as follows:
1-67 (b) All books shall have on one inside cover a printed label
1-68 stating that the book is the property of the state. Schools shall
2-1 number all books, placing the number on the printed label.
2-2 Teachers shall keep a record of the number of all books issued to
2-3 each pupil. <Books must be covered by the pupil under the
2-4 direction of the teacher.> Books must be returned to the teacher
2-5 at the close of the session or when the pupil withdraws from
2-6 school.
2-7 SECTION 1.03. Section 12.67(a), Education Code, is amended
2-8 to read as follows:
2-9 (a) If a school district employee enters into a business
2-10 relationship, employment contract, or other transaction with a
2-11 textbook publisher doing business, or with the potential of doing
2-12 business, with the state or a school district in the state and the
2-13 transaction directly or indirectly results in remuneration to the
2-14 employee, the transaction must be registered with the
2-15 superintendent of the school district <and with the commissioner of
2-16 education>.
2-17 SECTION 1.04. Section 21.258, Education Code, is amended by
2-18 amending Subsection (a) to read as follows:
2-19 (a) Each board of trustees shall publish an annual report
2-20 describing the district's educational performance that includes
2-21 campus performance objectives established under Section 21.7532 of
2-22 this code, the progress of each campus toward those objectives, and
2-23 information required under Section 51.403(e) of this code regarding
2-24 student performance at postsecondary institutions during the year
2-25 following graduation from high school, which shall be available to
2-26 the public <and filed with the State Board of Education>. The
2-27 board shall hold a hearing for public discussion of the report.
2-28 The board shall notify property owners and parents in the district
2-29 of the hearing. The board may combine the notice with the notice
2-30 of a public hearing on a proposed tax increase required under
2-31 Section 26.06, Tax Code. After the hearing the report shall be
2-32 widely disseminated within the district in a manner to be
2-33 determined by the district.
2-34 SECTION 1.05. Section 21.261, Education Code, is amended to
2-35 read as follows:
2-36 Sec. 21.261. School District Records. The State Board of
2-37 Education shall adopt rules governing a school district's
2-38 maintenance of records <preservation, microfilming, destruction, or
2-39 other disposition of the records of school districts is subject to
2-40 the requirements of Subtitle C, Title 6, Local Government Code, and
2-41 rules adopted under that subtitle>.
2-42 SECTION 1.06. Section 21.601, Education Code, is amended to
2-43 read as follows:
2-44 Sec. 21.601. Establishment. <(a)> Each school district may
2-45 establish a school-community guidance center designed to locate and
2-46 assist children with problems which interfere with their education,
2-47 including but not limited to juvenile offenders and children with
2-48 severe behavioral problems or character disorders. The centers
2-49 shall coordinate the efforts of school district personnel, local
2-50 police departments, truant officers, and probation officers in
2-51 working with students, dropouts, and parents in identifying and
2-52 correcting factors which adversely affect the education of the
2-53 children.
2-54 <(b) With the approval of the commissioner of education,
2-55 school districts with an average daily attendance of less than
2-56 6,000 students may cooperate with other districts for the purpose
2-57 of establishing a common center.>
2-58 SECTION 1.07. Section 21.701, Education Code, is amended to
2-59 read as follows:
2-60 Sec. 21.701. Adoption and Approval of Programs. Each school
2-61 district shall adopt and implement a discipline management program
2-62 to be included in the district report under Section 21.938 of this
2-63 code. <Before implementation, the proposed program must be
2-64 submitted to the Central Education Agency, which shall review and
2-65 approve or reject the program.>
2-66 SECTION 1.08. Section 21.702, Education Code, is amended to
2-67 read as follows:
2-68 Sec. 21.702. Content of Approved Programs. A <To be
2-69 approved, a> discipline management program must:
2-70 (1) encourage the commitment, cooperation, and
3-1 involvement of school district administrators, teachers, parents,
3-2 and students in the development of the program;
3-3 (2) encourage the use of the regional education
3-4 service center to assist in developing the program and providing
3-5 training to teachers and administrators;
3-6 (3) require the designation of a person in each school
3-7 with special training in discipline management to implement and
3-8 assess the program in that school and to identify and refer
3-9 appropriate students to school-community guidance programs;
3-10 (4) require the development of a student code of
3-11 conduct that clearly describes the district's expectations with
3-12 respect to student conduct, including provisions similar to the
3-13 Attorney General's Proposed Voluntary Student Code of Conduct of
3-14 1980, and specifies the consequences of violating the code;
3-15 (5) specifically outline the responsibilities of
3-16 teachers, administrators, parents, and students in the discipline
3-17 management program; and
3-18 (6) make parental involvement an integral part of the
3-19 discipline management program, requiring:
3-20 (A) one or more conferences during each school
3-21 year between a teacher and the parents of a student if the student
3-22 is not maintaining passing grades or achieving the expected level
3-23 of performance or presents some other problem to the teacher or in
3-24 any other case the teacher considers necessary;
3-25 (B) parent training workshops for home
3-26 reinforcement of study skills and specific curriculum objectives
3-27 conducted for parents who want to participate and based on interest
3-28 indicated by parents in the community; and
3-29 (C) a written statement signed by each parent
3-30 that the parent understands and consents to the responsibilities
3-31 outlined in the discipline management program.
3-32 SECTION 1.09. Section 21.926, Education Code, is amended to
3-33 read as follows:
3-34 Sec. 21.926. Information to be Posted. (a) For the benefit
3-35 of parents of school age children, each school in a district shall
3-36 post in a conspicuous location in the main administration building
3-37 accessible to the general public<:>
3-38 <(1) a map of the school's attendance area; and>
3-39 <(2) a notice that includes:>
3-40 <(A) the aggregate results by grade level for
3-41 the state and for each campus in the district of assessment
3-42 instruments administered under Section 21.551 of this code for each
3-43 of the preceding three school years and, for each high school, the
3-44 aggregate results by grade level of the most recent administration
3-45 of any norm-referenced assessment instrument, including the
3-46 Scholastic Aptitude Test and American College Testing Program
3-47 assessment instruments;>
3-48 <(B) the total enrollment at each campus in the
3-49 district for each of the four most recent school years;>
3-50 <(C) the ratio of classroom teachers to students
3-51 at each campus in the district;>
3-52 <(D) a statement that copies of the notice and
3-53 of a map of the school's attendance area are available in the
3-54 school's main office; and>
3-55 <(E)> a statement that the district's annual
3-56 performance report is available in the school library.
3-57 (b) <The assessment instrument results posted under
3-58 Subsection (a)(2)(A) of this section must be presented in the form
3-59 of appropriate, nontechnical interpretations in terms
3-60 understandable to the general public.>
3-61 <(c) The board of trustees of the district may prescribe the
3-62 format of the notice required by Subsection (a)(2) of this section.>
3-63 <(d)> Each school shall have available in its main office
3-64 copies of:
3-65 (1) the notice <and map> required to be posted under
3-66 Subsection (a) of this section; and
3-67 (2) a map of the school's attendance area.
3-68 (c) <(e)> Each school shall have available in its library a
3-69 copy of:
3-70 (1) the annual performance report for the district
4-1 required by Section 21.258 of this code; and
4-2 (2) the district report required by Section 21.938 of
4-3 this code.
4-4 <(f) Each district shall have available in its
4-5 administration building the information required to be posted by
4-6 Subsection (a) of this section for each school in the district.>
4-7 SECTION 1.10. Section 11.203(b), Education Code, is amended
4-8 to read as follows:
4-9 (b) Each school district may develop a program of career
4-10 education for the district consistent with the statewide plan. <A
4-11 district shall submit the plan for the district to the Central
4-12 Education Agency for approval and, if approved, the agency shall
4-13 allocate funds to the district in accordance with Subsection (c) of
4-14 this section.>
4-15 SECTION 1.11. Section 11.205(c), Education Code, is amended
4-16 to read as follows:
4-17 (c) The agency shall require each district to designate one
4-18 or more employees to serve as an at-risk coordinator. The number
4-19 of coordinators required shall correspond to the size of the
4-20 district. Each at-risk-coordinator shall collect and disseminate
4-21 data regarding dropouts in the district and shall coordinate the
4-22 program in the district for students who are at high risk of
4-23 dropping out of school. In determining whether a student is a high
4-24 risk of dropping out of school, in addition to the student's
4-25 academic performance a school district shall consider whether the
4-26 student is adjudged delinquent, abuses drugs or alcohol, is a
4-27 student of limited English proficiency, receives compensatory or
4-28 remedial instruction, is sexually, physically, or psychologically
4-29 abused, is pregnant, is a slow learner, enrolls late in the school
4-30 year, stops attending school before the end of the school year, is
4-31 an underachiever is unmotivated, or exhibits other characteristics
4-32 that indicate that the student is at high risk of dropping out of
4-33 school. At-risk-coordinators should have access to existing
4-34 Central Education Agency training programs relating to students who
4-35 are considered "at risk" of dropping out of school. Where
4-36 practical, local school districts may develop their own training
4-37 programs to meet this need. <Each school year a district's
4-38 at-risk-coordinators shall prepare a dropout reduction plan for the
4-39 district that identifies the number of students in the district who
4-40 dropped out in the preceding regular school term, the number of
4-41 students in grades 1 through 12 who are at risk of dropping out,
4-42 the district's dropout rate goal for that school year, and the
4-43 dropout reduction programs, resources, and strategies to be used
4-44 during the school year. The plan must be reviewed and approved by
4-45 the district's board of trustees and shall be available t the
4-46 public. Districts are not required to prepare a dropout reduction
4-47 plan if fewer than five percent of their students are identified as
4-48 "at risk" of dropping out of school unless the district had 100 or
4-49 more students drop our of school in the preceding school year.>
4-50 SECTION 1.12. The following sections of the Education Code
4-51 are repealed: 11.2051, 12.67(c), 14.065, 21.034, 21.1111(d),
4-52 21.253, 21.301(o), 21.557(d), 21.654, and 21.909(d).
4-53 ARTICLE 2. TEACHERS
4-54 SECTION 2.01. Section 13.037(c), Education Code, is amended
4-55 to read as follows:
4-56 (c) The Central Education Agency shall collect and maintain
4-57 <teacher performance data from each district's implementation of
4-58 the statewide appraisal system and shall collect and maintain> data
4-59 from state-mandated tests required for entry to and exit from
4-60 teacher education programs. The Central Education Agency shall
4-61 provide probationary teacher performance data on a regular basis to
4-62 the respective institutions of higher education and to the Texas
4-63 Higher Education Coordinating Board<, Texas College and University
4-64 System>.
4-65 SECTION 2.02. Section 13.103, Education Code, is amended to
4-66 read as follows:
4-67 Sec. 13.103. Probationary Contract: Termination. The board
4-68 of trustees of any school district may terminate the employment of
4-69 any teacher holding a probationary contract at the end of the
4-70 contract period, if in their judgment the best interests of the
5-1 school district will be served thereby; provided, that notice of
5-2 intention to terminate the employment shall be given by the board
5-3 of trustees to the teacher not later than the 60th day before the
5-4 last day of instruction required <on or before April 1, preceding
5-5 the end of the employment term fixed> in the contract. In event of
5-6 failure to give such notice of intention to terminate within the
5-7 time above specified, the board of trustees shall thereby elect to
5-8 employ such probationary teacher in the same capacity, and under
5-9 probationary contract status for the succeeding school year if the
5-10 teacher has been employed by such district for less than three
5-11 successive school years, or in a continuing contract position if
5-12 such teacher has been employed during three consecutive school
5-13 years.
5-14 SECTION 2.03. The heading to Subchapter E, Chapter 13,
5-15 Education Code, is amended to read as follows:
5-16 SUBCHAPTER E. TEACHER APPRAISAL <CAREER LADDER>
5-17 SECTION 2.04. Sections 13.302(a), (c), and (f), Education
5-18 Code, are amended to read as follows:
5-19 (a) The State Board of Education shall adopt an appraisal
5-20 process and criteria on which to appraise the performance of
5-21 teachers <for career ladder level assignment purposes>. The
5-22 criteria must be based on observable, job-related behavior,
5-23 including teachers' implementation of discipline management
5-24 procedures.
5-25 (c) An <In developing the appraisal process, the board shall
5-26 provide for using not fewer than two appraisers for each appraisal.
5-27 One> appraiser must be the teacher's supervisor or <and one must
5-28 be> a person <as> approved by the board of trustees. An appraiser
5-29 who is a classroom teacher may not appraise the performance of
5-30 another classroom teacher who teaches at the same school campus at
5-31 which the appraiser teaches, unless it is impractical because of
5-32 the number of campuses or unless the appraiser is the chairman of a
5-33 department or grade level whose job description includes classroom
5-34 observation responsibilities. <In a district that uses not more
5-35 than two appraisers per appraisal, the board shall provide for an
5-36 appraisal by a third appraiser from another campus if the
5-37 difference between the appraisals is such that the teacher's
5-38 performance cannot be accurately evaluated.> The board also shall
5-39 provide for a uniform training program and uniform certification
5-40 standards for appraisers to be used throughout the state. The
5-41 board shall include teacher self-appraisal in the process.
5-42 (f) Appraisal for teachers must be detailed by category of
5-43 professional skill and characteristic and must provide for separate
5-44 ratings per category. The appraisal process shall guarantee a
5-45 conference between the teacher and the appraiser <appraisers, and>.
5-46 The <the> conference shall be diagnostic and prescriptive with
5-47 regard to remediation <as> needed in overall <summary of>
5-48 performance and by category <and identify the required performance
5-49 for advancement to the next level>.
5-50 SECTION 2.05. Subchapter E, Chapter 13, Education Code, is
5-51 amended by adding Section 13.3021 to read as follows:
5-52 Sec. 13.3021. TEACHER APPRAISAL ADVISORY COMMITTEE.
5-53 (a) The teacher appraisal advisory committee consists of 16
5-54 members appointed by the foundation school fund budget committee.
5-55 The budget committee shall appoint the members as follows:
5-56 (1) eight members must be public school teachers who
5-57 have varying levels of teaching experience;
5-58 (2) four members must be public school administrators,
5-59 two of whom must be campus-level administrators; and
5-60 (3) four members must be parents of children enrolled
5-61 in public schools.
5-62 (b) The teacher appraisal advisory committee shall:
5-63 (1) study different methods of appraising teachers;
5-64 and
5-65 (2) recommend to the State Board of Education any
5-66 necessary changes in the appraisal process developed under Section
5-67 13.302 of this code.
5-68 (c) Committee members hold office for terms of two years
5-69 expiring February 1 of each odd-numbered year. In the event of a
5-70 vacancy during a term, the foundation school fund budget committee
6-1 shall appoint a replacement who meets the qualifications of the
6-2 vacated position to fill the unexpired portion of the term.
6-3 (d) The committee shall select one of its members to serve
6-4 as presiding officer for a term of one year.
6-5 (e) A committee member may receive compensation for serving
6-6 on the committee. A member may be reimbursed for travel expenses
6-7 while serving on the committee.
6-8 (f) Staff members of the Senate Education Committee and the
6-9 House Public Education Committee shall serve as the staff of the
6-10 committee.
6-11 SECTION 2.06. Section 13.303, Education Code, is amended by
6-12 amending Subsections (a) and (c) and adding Subsection (d) to read
6-13 as follows:
6-14 (a) In appraising teachers, each <Each> school district
6-15 shall use:
6-16 (1) the appraisal process and performance criteria
6-17 developed by the board; or
6-18 (2) an appraisal process and performance criteria
6-19 developed by the school district utilizing the procedures
6-20 established in Sections 21.930 and 21.931 of this code and approved
6-21 by the commissioner of education <in appraising teachers for career
6-22 ladder level assignment purposes>.
6-23 (c) Appraisal shall be done at least <not fewer than:>
6-24 <(1) two times during each school year for
6-25 probationary teachers and for teachers on level one of the career
6-26 ladder; and>
6-27 <(2)> once during each school year. The district
6-28 shall maintain a written copy of the evaluation of each teacher's
6-29 performance in the teacher's personnel file. Each teacher is
6-30 entitled to receive a written copy of the evaluation. After
6-31 receiving a written copy of the evaluation, a teacher is entitled
6-32 to a second appraisal by a different appraiser or to submit a
6-33 written rebuttal to the evaluation to be attached to the evaluation
6-34 in the teacher's personnel file. The evaluation and any rebuttal
6-35 may be given to another school district at which the teacher has
6-36 applied for employment at the request of that district <for
6-37 teachers on levels two, three, and four of the career ladder whose
6-38 performance, on the most recent appraisal, was evaluated as
6-39 exceeding expectations or clearly outstanding. The performance of
6-40 a teacher who, because of unusual circumstances, is appraised only
6-41 once in a particular year shall be evaluated for career ladder
6-42 purposes on the basis of a single appraisal>.
6-43 (d) A teacher may be given advance notice of the date or
6-44 time of an appraisal.
6-45 SECTION 2.07. Section 13.304, Education Code, is amended to
6-46 read as follows:
6-47 Sec. 13.304. Performance Categories. In appraisals of
6-48 teacher performance <for career ladder level assignment purposes>,
6-49 performance <shall be evaluated in the same manner and under the
6-50 same criteria regardless of level. Performance> shall be evaluated
6-51 as:
6-52 (1) unsatisfactory (if the teacher's performance is
6-53 clearly not acceptable in some major area);
6-54 (2) below expectations (if the teacher's performance
6-55 needs improvement in some major areas);
6-56 (3) satisfactory (if the teacher's performance meets
6-57 expectations);
6-58 (4) exceeding expectations (if the teacher's
6-59 performance excels in some major areas); or
6-60 (5) clearly outstanding.
6-61 SECTION 2.08. Section 13.905(f), Education Code, is amended
6-62 to read as follows:
6-63 (f) The length of a leave of absence for temporary
6-64 disability shall be granted by the superintendent as required by
6-65 the individual employee. The governing board of a school district
6-66 may establish a maximum length for a leave of absence for temporary
6-67 disability. The<, but in no event shall that> maximum length of
6-68 leave may not be set at less than 180 days except that, if the
6-69 district pays for at least 50 percent of the cost of long-term
6-70 disability coverage under an insurance policy, the maximum may not
7-1 be set at less than the number of days before the day on which the
7-2 employee qualifies for the long-term disability benefits.
7-3 SECTION 2.09. Section 13.912(a), Education Code, is amended
7-4 to read as follows:
7-5 (a) A school district may not deny a teacher a salary bonus
7-6 or similar compensation given in whole or in part on the basis of
7-7 teacher attendance <or a career ladder advancement> because of the
7-8 teacher's absence from school for observance of a religious holy
7-9 day.
7-10 SECTION 2.10. Section 16.052, Education Code, is amended to
7-11 read as follows:
7-12 Sec. 16.052. OPERATION OF SCHOOLS; TEACHER PREPARATION AND
7-13 STAFF DEVELOPMENT. (a) Each school district must provide for not
7-14 less than 175 <180> days of instruction for students, not less than
7-15 five days of staff development, and not less than three days of
7-16 preparation for teachers for each school year, except as provided
7-17 in Subsection (c) of this section.
7-18 (b) The staff development required by this section must be
7-19 predominantly campus-based, for the purpose of improving student
7-20 achievement, and planned with the involvement of the campus school
7-21 committee established under Section 21.931 of this code. Campus
7-22 staff development may include activities that enable the campus
7-23 staff to plan together, to enhance existing skills, to share
7-24 effective strategies, to reflect on curricular and instructional
7-25 issues, to analyze student achievement results, to reflect on means
7-26 of increasing student achievement, to study research, to practice
7-27 new methods, to identify students' strengths and needs, to develop
7-28 meaningful programs for students, to appropriately implement
7-29 site-based decision making, and to conduct action research. Staff
7-30 development activities may include study teams, individual
7-31 research, peer coaching, workshops, seminars, conferences, and
7-32 other reasonable staff development activities that have the
7-33 potential to improve student achievement. <Each school district
7-34 must provide for not less than 20 hours of staff development
7-35 training under guidelines provided by the commissioner of
7-36 education. The training provided must include technology training
7-37 and must occur during regular hours of required teacher service.
7-38 On the request of a teacher, a school district may credit the
7-39 teacher compensatory time to be applied toward the number of
7-40 training hours required under this subsection for workshops,
7-41 conferences, or other professional training that the teacher has
7-42 attended.>
7-43 (c) The commissioner of education may approve the operation
7-44 of schools for less than the number of days of instruction, staff
7-45 development, and teacher preparation otherwise required when
7-46 disasters, floods, extreme weather conditions, fuel curtailments,
7-47 or other calamities have caused the closing of the school.
7-48 <(d) Each school district may reserve three hours of the
7-49 first preparation day provided each school year under Subsection
7-50 (a) of this section for faculty staff meetings.>
7-51 SECTION 2.11. Subchapter B, Chapter 16, Education Code, is
7-52 amended by adding Section 16.058 to read as follows:
7-53 Sec. 16.058. SALARY OF TEACHER FORMERLY ON CAREER LADDER.
7-54 (a) Notwithstanding any provision to the contrary, a teacher who
7-55 was assigned to a career ladder level under Subchapter E, Chapter
7-56 13, of this code on August 31, 1993, is entitled to receive for the
7-57 1993-1994 school year a minimum salary equal to the teacher's base
7-58 salary plus the teacher's career ladder supplement in the 1992-1993
7-59 school year.
7-60 (b) In this section, "base salary" means the minimum salary
7-61 prescribed by Sections 16.055 and 16.056 of this code plus any
7-62 amount in excess of the minimum salary that a school district pays
7-63 the teacher.
7-64 SECTION 2.12. Section 16.158, Education Code, is amended to
7-65 read as follows:
7-66 Sec. 16.158. TEACHER COMPENSATION <CAREER LADDER> ALLOTMENT.
7-67 (a) Each district is entitled to an allotment for teacher
7-68 compensation <support of the career ladder> equal to its unadjusted
7-69 average daily attendance multiplied by $90.
7-70 (b) Except as provided by Subsection (d) of this section, an
8-1 <An> allotment under this section may be used only for the purposes
8-2 of paying the salaries of teachers who were entitled to career
8-3 ladder supplements.
8-4 (c) <From the funds designated for that purpose, the
8-5 district shall supplement the salary of each teacher above level
8-6 one on the career ladder. The district shall decide the amount of
8-7 supplement to be provided at each career ladder level.>
8-8 <(d)> Money received under this section may not be used to
8-9 supplement the salary of an employee for directing cocurricular or
8-10 extracurricular activities.
8-11 (d) If an allotment under this section exceeds the amount
8-12 necessary to pay the salaries of teachers who were entitled to
8-13 career ladder supplements as provided by Section 16.058 of this
8-14 code, a district shall use the excess to supplement salaries of
8-15 other teachers.
8-16 SECTION 2.13. Section 16.202, Education Code, is amended to
8-17 read as follows:
8-18 Sec. 16.202. Studies. On a biennial basis, the Legislative
8-19 Education Board and the Legislative Budget Board, with the
8-20 assistance of the Educational Economic Policy Center and the
8-21 Central Education Agency, shall complete each of the following
8-22 studies and develop recommended amounts where appropriate for each
8-23 year of the next biennium:
8-24 (1) a study of the fiscal neutrality of the system to
8-25 determine the status of the state and local finance system with
8-26 regard to the policies established under the provisions of Section
8-27 16.001 of this code, including recommendations for adjustments
8-28 necessary to maintain fiscal neutrality;
8-29 (2) the accountable costs per student to school
8-30 districts of providing educational programs, personnel, and other
8-31 operating costs that meet accreditation criteria and the provisions
8-32 of law and regulation;
8-33 (3) program cost differentials designed by program to
8-34 provide support for the added expense of high-cost courses or
8-35 programs for students participating in such courses or programs,
8-36 with the program funding level expressed as dollar amounts and as
8-37 weights applied to the adjusted basic allotment for the appropriate
8-38 year;
8-39 (4) transportation and teacher compensation <career
8-40 ladder> allotments;
8-41 (5) the levels of tax effort necessary for each tier
8-42 of the Foundation School Program necessary to fulfill the
8-43 requirements of Sections 16.001 and 16.008 of this code; and
8-44 (6) capital outlay and debt service requirements and
8-45 formula elements for the requirements of Subchapter I of this
8-46 chapter or other provisions of this chapter.
8-47 SECTION 2.14. Section 16.302(a), Education Code, is amended
8-48 to read as follows:
8-49 (a) Each school district is guaranteed a specified amount
8-50 per weighted student in state and local funds for each cent of tax
8-51 effort over that required for the local fund assignment of the
8-52 county education district in which the school district is located
8-53 up to the maximum level specified in this subchapter. The amount
8-54 of state support, subject only to the maximum amount under Section
8-55 16.303 of this code, is determined by the formula:
8-56 where:
8-57 "GYA" is the guaranteed yield amount of state funds to be
8-58 allocated to the district;
8-59 "GL" is the dollar amount guaranteed level of state and local
8-60 funds per weighted student per cent of tax effort, which is $21.50
8-61 for the 1991-1992 school year, $22.50 for the 1992-1993 school
8-62 year, $26 for the 1993-1994 school year, and $28 for each school
8-63 year thereafter, or a greater amount for any year provided by
8-64 appropriation, or a greater amount adopted by the foundation school
8-65 fund budget committee under Section 16.256(d) of this code for the
8-66 1993-1994 or 1994-1995 school year or thereafter;
8-67 "WADA", except as provided by Section 16.206 of this code, is
8-68 the number of weighted students in average daily attendance, which
8-69 is calculated by dividing the sum of the school district's
8-70 allotments under Subchapters C and D of this chapter, less any
9-1 allotments to the district for transportation, teacher compensation
9-2 <career ladder supplements>, or technology and 50 percent of the
9-3 adjustment under Section 16.102 of this code, by the basic
9-4 allotment for the applicable year;
9-5 "DTR" is the district enrichment and facilities tax rate of
9-6 the school district, which is determined by dividing the total
9-7 amount of taxes collected by the school district for the applicable
9-8 school year by the quotient of the district's taxable value of
9-9 property as determined under Section 11.86 of this code divided by
9-10 100; and
9-11 "LR" is the local revenue, which is determined by multiplying
9-12 "DTR" by the quotient of the district's taxable value of property
9-13 as determined under Section 11.86 of this code divided by 100.
9-14 SECTION 2.15. Section 21.112(e), Education Code, is amended
9-15 to read as follows:
9-16 (e) All new, additional, and continuing vocational programs
9-17 shall offer competency-based instruction. Instruction must be
9-18 based on the essential elements approved by the State Board of
9-19 Education. <A competency profile must be maintained for each
9-20 student enrolled.>
9-21 SECTION 2.16. Section 21.202, Education Code, is amended to
9-22 read as follows:
9-23 Sec. 21.202. TEACHER EVALUATIONS. The board of trustees of
9-24 each school district shall provide by written policy for the
9-25 <periodic written> evaluation of each teacher in its employ in
9-26 accordance with Chapter 13, Subchapter E of this code <at annual or
9-27 more frequent intervals>. Such evaluation shall be considered by
9-28 the board of trustees prior to any decision by the board not to
9-29 renew the term contract of any teacher.
9-30 SECTION 2.17. Section 21.204(a), Education Code, is amended
9-31 to read as follows:
9-32 (a) In the event the board of trustees receives a
9-33 recommendation for nonrenewal, the board, after consideration of
9-34 the written evaluations required by Section 21.202 of this
9-35 subchapter and the reasons for the recommendation, shall, in its
9-36 sole discretion, either reject the recommendation or shall give the
9-37 teacher written notice of the proposed nonrenewal not later than
9-38 the 60th day before the last day of instruction required <on or
9-39 before April 1 preceding the end of the employment term fixed> in
9-40 the contract.
9-41 SECTION 2.18. Section 21.209(a), Education Code, is amended
9-42 to read as follows:
9-43 (a) The board of trustees of any school district may provide
9-44 by written policy for a probationary period not to exceed the first
9-45 two years of continuous employment in the district, except that the
9-46 probationary period shall not exceed one year for a person who has
9-47 been employed as a teacher in public education for at least five of
9-48 the eight years prior to initial employment in the district. The
9-49 provisions of Section 21.207 of this code <subchapter> shall not
9-50 apply during such probationary period.
9-51 SECTION 2.19. Section 822.201(b), Government Code, is
9-52 amended to read as follows:
9-53 (b) "Salary and wages" as used in Subsection (a) means:
9-54 (1) normal periodic payments of money for service the
9-55 right to which accrues on a regular basis in proportion to the
9-56 service performed;
9-57 (2) <career ladder payments of money authorized by
9-58 Section 16.057, Education Code;>
9-59 <(3)> amounts by which the member's salary is reduced
9-60 under a salary reduction agreement authorized by Article 6252-3d,
9-61 Revised Statutes; and
9-62 (3) <(4)> amounts that would otherwise qualify as
9-63 salary and wages under Subdivision (1) <or (2)> but are not
9-64 received directly by the member pursuant to a good faith, voluntary
9-65 written salary reduction agreement in order to finance payments to
9-66 a deferred compensation or tax sheltered annuity program
9-67 specifically authorized by state law or to finance benefit options
9-68 under a cafeteria plan qualifying under Section 125 of the Internal
9-69 Revenue Code of 1986 (26 U.S.C. Section 125), if:
9-70 (A) the program or benefit options are made
10-1 available to all employees of the employer; and
10-2 (B) the benefit options in the cafeteria plan
10-3 are limited to one or more options that provide deferred
10-4 compensation, group health and disability insurance, group term
10-5 life insurance, dependent care assistance programs, or group legal
10-6 services plans.
10-7 SECTION 2.20. Section 825.405(b), Government Code, is
10-8 amended to read as follows:
10-9 (b) For purposes of this section, the statutory minimum
10-10 salary is the salary provided by Sections <Section> 16.056 and
10-11 16.058, Education Code, multiplied by the cost of education
10-12 adjustment applicable under Section 16.102, Education Code, to the
10-13 district in which the member is employed<, plus any career ladder
10-14 supplement under Section 16.057, Education Code>.
10-15 SECTION 2.21. Chapter 13, Education Code, is amended by
10-16 adding Subchapter H, to read as follows:
10-17 SUBCHAPTER H. EMPLOYEE DISCHARGE HEARINGS
10-18 Sec. 13.601. APPLICABILITY. This subchapter shall apply in
10-19 the following instances:
10-20 (a) pursuant to Chapter 13, Subchapter C of this code, a
10-21 public school district which had an enrollment of 17,500 students
10-22 or more during the previous school year seeks to:
10-23 (1) discharge a teacher during the school year;
10-24 (2) release a teacher employed under a continuing
10-25 contract at the end of a school year;
10-26 (3) return a teacher employed under a continuing
10-27 contract to probationary contract status;
10-28 (4) dismiss a probationary contract teacher at the end
10-29 of a school year before the end of the term fixed in his contract;
10-30 or
10-31 (5) take any other action authorized by Section 13.109
10-32 or Section 13.110 of this code;
10-33 (b) pursuant to Chapter 21, Subchapter G of this code, a
10-34 public school district which had an enrollment of 17,500 students
10-35 or more during the previous school year seeks to:
10-36 (1) nonrenew a teacher's non-probationary term
10-37 contract at the end of the contract; or
10-38 (2) terminate a teacher's term contract during the
10-39 term of the contract;
10-40 (c) a public school district which had an enrollment of
10-41 17,500 students or more during the previous school year seeks to
10-42 terminate an employee's term contract during the term of the
10-43 contract; or
10-44 (d) a public school district adopts a written board policy
10-45 providing that this subchapter shall apply.
10-46 Sec. 13.602. HEARING. (a) If the employee desires a
10-47 hearing after receiving notice of the proposed action, the employee
10-48 shall notify the superintendent in writing within 10 days after
10-49 receiving the notice.
10-50 (b) The hearing shall be conducted by an independent hearing
10-51 examiner. Within five days of the superintendent's receipt of the
10-52 request for hearing, the superintendent shall send a written
10-53 request to the commissioner to assign an independent hearing
10-54 examiner. The independent hearing examiner shall be assigned by
10-55 the commissioner within three days of the receipt of the request.
10-56 (c) The commissioner shall assign the independent hearing
10-57 examiner from a list of individuals certified annually by the
10-58 commissioner. The State Board of Education shall establish by rule
10-59 the criteria for certification. The individuals certified shall
10-60 receive periodic training from the commissioner in the performance
10-61 of their duties. The individuals certified by the commissioner
10-62 shall not be current or former agents, representatives, or
10-63 employees of any school district, school employee organization, or
10-64 school board organization. The commissioner shall adopt a
10-65 procedure for the random assignment of the independent hearing
10-66 examiners.
10-67 (d) The provisions of the Administrative Procedure and Texas
10-68 Register Act, Article 6252-13a, shall not apply to proceedings
10-69 before the independent hearing examiner.
10-70 (e) The independent hearing examiner shall schedule the
11-1 hearing by agreement with the parties, if possible. The hearing
11-2 shall not be unreasonably delayed and must be held before the
11-3 proposed action may take effect.
11-4 (f) The hearing shall be closed unless an open hearing is
11-5 requested by the employee.
11-6 (g) The parties shall have a reasonable opportunity for
11-7 prehearing discovery in the form of interrogatories, requests for
11-8 the production of documents, requests for admissions, and
11-9 depositions, according to rules adopted by the commissioner.
11-10 (h) The Texas Rules of Civil Evidence shall apply at the
11-11 hearing.
11-12 (i) The independent hearing examiner shall have the
11-13 authority to issue subpoenas for the attendance of witnesses and
11-14 the production of documents at depositions and the hearing,
11-15 effective within the State of Texas, to administer oaths, and to
11-16 make rulings on motions and the admissibility of evidence.
11-17 (j) The hearing and any depositions shall be held within the
11-18 geographical boundaries of the school district or at the Regional
11-19 Educational Service Center serving the district.
11-20 (k) The hearing shall be reported by a certified court
11-21 reporter.
11-22 (l) At the hearing, the employee shall have the right to
11-23 hear the evidence against him, to cross-examine all adverse
11-24 witnesses, and to present evidence in opposition or in extenuation.
11-25 (m) At the hearing, the administration shall have the burden
11-26 of proof by a preponderance of the evidence.
11-27 (n) The independent hearing examiner shall make a written
11-28 recommendation which shall include findings of fact and conclusions
11-29 of law. The independent hearing examiner's recommendation shall be
11-30 issued within twenty days of the close of the hearing. The
11-31 independent hearing examiner shall send a copy of the
11-32 recommendation to the parties, the president of the board of
11-33 trustees, and the commissioner.
11-34 (o) If the independent hearing examiner is unable to
11-35 continue presiding over a case at any time prior to the issuance of
11-36 the recommendation, the commissioner shall appoint another
11-37 independent hearing examiner, who, after a review of the record,
11-38 shall perform any remaining function without the necessity of
11-39 repeating any previous proceedings.
11-40 (p) The school district shall bear the cost of the services
11-41 of the independent hearing examiner at rates established by the
11-42 commissioner. The school district shall bear the cost of the
11-43 services of the court reporter, except that an employee appealing
11-44 the decision of the board of trustees to the commissioner shall
11-45 bear the cost of the preparation of the original transcript of the
11-46 hearing before the independent hearing examiner and the oral
11-47 argument before the board of trustees, and each party shall bear
11-48 the cost of any copies of the transcript requested by that party.
11-49 (q) All parties are entitled to be represented by a
11-50 representative of their choice.
11-51 Sec. 13.603. DECISION OF BOARD. (a) If the employee fails
11-52 to request a hearing, the board shall take such action as it deems
11-53 lawful and appropriate and shall notify the employee in writing of
11-54 that action within 15 days of the expiration of the 10-day period
11-55 for requesting a hearing.
11-56 (b) If the employee requests a hearing, the board shall take
11-57 such action as it deems lawful and appropriate and shall notify the
11-58 employee in writing of that action within 15 days following the
11-59 issuance of the independent hearing examiner's recommendation.
11-60 (c) The board shall consider the recommendation issued by
11-61 the independent hearing examiner and oral argument before the board
11-62 by the employee and the administration. Such oral argument may be
11-63 limited by written board policy, which shall allow for at least
11-64 fifteen minutes for each party.
11-65 (d) The board shall either accept or reject the independent
11-66 hearing examiner's recommendation.
11-67 (e) The oral argument and announced decision shall be
11-68 reported by a certified court reporter.
11-69 (f) All parties are entitled to be represented by a
11-70 representative of their choice.
12-1 Sec. 13.604. APPEAL. (a) If the employee is aggrieved by
12-2 the decision of the board of trustees, he may appeal to the
12-3 commissioner. The commissioner shall not hold an evidentiary
12-4 hearing, except that the commissioner shall receive evidence of
12-5 procedural irregularities alleged to have occurred at the local
12-6 level but which are not reflected in the record. Any such
12-7 evidentiary hearing shall be reported by a certified court
12-8 reporter. The commissioner shall review the record of hearing and
12-9 argument, and shall receive oral or written argument upon the
12-10 request of either party or the commissioner. The provisions of the
12-11 Administrative Procedure and Texas Register Act, Article 6252-13a,
12-12 shall not apply to such appeals to the commissioner. The
12-13 commissioner may adopt procedures regarding such appeals to the
12-14 commissioner.
12-15 (b) The commissioner may affirm a board's decision which
12-16 rejected the independent hearing examiner's recommendation only if
12-17 the recommendation was arbitrary, capricious, unlawful, or not
12-18 supported by substantial evidence. The commissioner may affirm a
12-19 board's decision which accepted the independent hearing examiner's
12-20 recommendation only if the recommendation was not arbitrary,
12-21 capricious, unlawful, or unsupported by substantial evidence.
12-22 (c) If the commissioner reverses the decision of the board,
12-23 he shall order that the employee shall be reinstated, or he shall
12-24 order that the district pay the employee one year of front pay in
12-25 lieu of reinstatement. In addition, the commissioner shall order
12-26 the district to pay the employee back pay for the period of time
12-27 between the effective date of the action and the date of
12-28 reinstatement.
12-29 (d) The commissioner's decision must be in writing and
12-30 include findings of fact and conclusions of law, separately stated.
12-31 Findings of fact, if set forth in statutory language, must be
12-32 accompanied by a concise and explicit statement of the underlying
12-33 facts supporting the findings. The commissioner may, by written
12-34 order, adopt by reference and incorporation the findings of fact
12-35 and conclusions of law contained in the recommendation of the
12-36 independent hearing examiner.
12-37 (e) The commissioner's decision shall be rendered within
12-38 sixty days after the parties submit their arguments.
12-39 (f) The commissioner's decision shall be sent to the parties
12-40 or their representatives by certified first class mail, return
12-41 receipt requested, and the commissioner shall keep an appropriate
12-42 record of that mailing. A party shall be presumed to have been
12-43 notified of the decision on the date the decision is received.
12-44 (g) The commissioner shall maintain and index by subject all
12-45 decisions of the commissioner and recommendations of the
12-46 independent hearing examiners in a form accessible to the public.
12-47 (h) Neither the independent hearing examiner nor the
12-48 commissioner nor members nor employees of the Central Education
12-49 Agency assigned to render a decision or to make findings of fact or
12-50 conclusions of law may communicate, directly or indirectly, in
12-51 connection with any issue of fact or law, with any party or its
12-52 agents or representatives, except on notice and opportunity for all
12-53 parties to participate. The commissioner may seek the counsel of
12-54 the chief legal officer of the Central Education Agency concerning
12-55 legal matters so long as the chief legal officer has not had any
12-56 involvement in the proceeding.
12-57 (i) Either party may appeal the commissioner's decision to
12-58 the Third District Court of Appeals. The appeal shall be perfected
12-59 within thirty days after the appealing party was notified of the
12-60 decision of the commissioner. No motion for rehearing shall be
12-61 required to be filed with the commissioner. The commissioner and
12-62 all other parties to the appeal to the commissioner shall be made
12-63 parties in the Court of Appeals. The perfection of an appeal does
12-64 not affect the enforcement of the decision of the commissioner.
12-65 SECTION 2.22. Section 13.117, subchapter C, chapter 13,
12-66 Education Code, entitled "Supplemental Contracts for Math and
12-67 Science Teachers" is amended by redesignating it as section 11.274,
12-68 subchapter B, chapter 11, Education Code.
12-69 SECTION 2.23. Subchapter C, Chapter 13, Education Code, is
12-70 amended by amending Sections 13.115 and 13.116, and by adding
13-1 Sections 13.117 and 13.118 as follows:
13-2 Sec. 13.115. APPEALS. (a) If the board of trustees shall
13-3 order the teacher discharged during the school year under Section
13-4 13.109 of this code, the teacher shall have the right to appeal
13-5 such action to the commissioner of education, for review by him,
13-6 <provided notice of such appeal is filed with the board of trustees
13-7 and a copy thereof mailed to the commissioner within 15 days after
13-8 written notice of the action taken by the board of trustees shall
13-9 be given to the teacher>; or, the teacher may challenge the
13-10 legality of such action by suit brought in the district court of
13-11 any county in which such school district lies within 30 days after
13-12 such notice of the action taken by the board of trustees has been
13-13 given to the teacher.
13-14 (b) If the board of trustees shall order the continuing
13-15 contract status of any teacher holding such a contract abrogated at
13-16 the end of any school year and such teacher returned to
13-17 probationary contract status, or if the board of trustees shall
13-18 order that any teacher holding a continuing contract be dismissed
13-19 at the end of the school year, or that any teacher holding a
13-20 probationary contract shall be dismissed at the end of a school
13-21 year before the end of the employment period covered by such
13-22 probationary contract, the teacher affected by such order<, after
13-23 filing notice of appeal with the board of trustees,> may appeal to
13-24 the commissioner of education <by mailing a copy of the notice of
13-25 appeal to the commissioner within 15 days after written notice of
13-26 the action taken by the board of trustees has been given to the
13-27 teacher>.
13-28 (c) Either party to an appeal to the commissioner shall have
13-29 the right to appeal from his decision to a District Court in Travis
13-30 County.
13-31 <(d) Deleted by Acts 1984, 68th Leg., 2nd C.S., ch. 28, art.
13-32 I, part D, Sec. 5, eff. Sept. 1, 1984.>
13-33 Sec. 13.116. Resignations. (a) Any teacher holding a
13-34 continuing contract with any school district, or holding a
13-35 probationary contract with an unexpired term continuing through the
13-36 ensuing school year, may relinquish the position and leave the
13-37 employment of the district at the end of any school year without
13-38 penalty by written resignation addressed to and filed with the
13-39 board of trustees prior to August 1, preceding the end of the
13-40 school year that the resignation is to be effective. A written
13-41 resignation mailed by prepaid certified or registered mail to the
13-42 superintendent of schools of the district at the post office
13-43 address of the district shall be considered filed at time of
13-44 mailing.
13-45 (b) Any teacher holding a continuing contract or such
13-46 unfulfilled probationary contract may resign, with the consent of
13-47 the board of trustees of the employing school district, at any
13-48 other time mutually agreeable.
13-49 <(c) A teacher holding a probationary contract or a
13-50 continuing contract obligating the employing district to employ
13-51 such person for the ensuing school year, who fails to resign within
13-52 the time and in the manner allowed under Subsections (a) and (b) of
13-53 this section, and who fails to perform such contract, shall be
13-54 ineligible for employment by any other Texas school district during
13-55 the ensuing school year covered by such contract, and his teaching
13-56 certificate shall be suspended for that school year only.>
13-57 Sec. 13.117. DEFINITIONS. As used in this subchapter, the
13-58 following terms shall have the meaning ascribed to them in this
13-59 section:
13-60 (a) "teacher" means a classroom teacher, counselor,
13-61 librarian, nurse, diagnostician, visiting teacher, or other
13-62 full-time professional employee, except administrative or
13-63 paraprofessional personnel, who is required to hold a valid
13-64 certificate or teaching permit.
13-65 (b) "Board" and "board of trustees" means the governing
13-66 board of a public school district.
13-67 (c) "School district" means any public school district in
13-68 this state.
13-69 Sec. 13.118. ALTERNATE HEARINGS AND APPEALS PROCEDURE.
13-70 (a) Hearings and appeals for teachers employed by a public school
14-1 district which had an enrollment of 17,500 students or more during
14-2 the previous school year shall be in accordance with Subchapter H
14-3 of Chapter 13 of this code, instead of Sections 13.112 and 13.115
14-4 of this subchapter.
14-5 (b) A public school district which had an enrollment of less
14-6 than 17,500 students during the previous school year may adopt a
14-7 written board policy providing that hearings and appeals shall be
14-8 in accordance with subchapter H of chapter 13 of this code, instead
14-9 of Sections 13.112 and 13.115 of this Subchapter.
14-10 SECTION 2.24. Subchapter G, Chapter 21, Education Code, is
14-11 amended by amending Sections 21.202, 21.203, 21.204, 21.205,
14-12 21.209, 21.210, to read as follows:
14-13 Sec. 21.202. Teacher Evaluations. The board of trustees of
14-14 each school district shall provide by written policy for the
14-15 periodic written evaluation of each teacher in its employ at annual
14-16 or more frequent intervals. Such evaluation shall be considered by
14-17 the independent hearing examiner prior to his recommendation, or by
14-18 the board of trustees prior to any decision by the board if
14-19 subchapter H of Chapter 13 is not applicable, not to renew or to
14-20 terminate the term contract of any teacher.
14-21 Sec. 21.203. NONRENEWAL OR TERMINATION OF TERM CONTRACTS.
14-22 (a) The board of trustees of each school district may choose not
14-23 to renew the employment of any teacher employed under a term
14-24 contract effective at the end of the contract period, or to
14-25 terminate the term contract of any teacher during the term of the
14-26 contract.
14-27 (b) <The board of trustees of each school district shall
14-28 establish policies consistent with this subchapter which shall
14-29 establish reasons for nonrenewal.> A board of trustees may not
14-30 nonrenew the term contract of any teacher, nor terminate the term
14-31 contract of any teacher during the term of the contract, except for
14-32 just cause. <Reasons> Just cause for nonrenewal <must> shall
14-33 include the failure of a person required to take an examination
14-34 under Section 13.047 of this code to perform satisfactorily on at
14-35 least one examination under that section <on or before June 30,
14-36 1986>.
14-37 (c) The board of trustees of each school district shall
14-38 establish policies and procedures for receiving recommendations
14-39 from its school administration for the nonrenewal of teacher term
14-40 contracts, and for the termination of teacher term contracts during
14-41 the term of the contract, excepting only the general superintendent
14-42 of schools.
14-43 Sec. 21.204. Notice. (a) In the event the board of
14-44 trustees receives a recommendation from its administration for
14-45 nonrenewal, the board, after consideration of the written
14-46 evaluations required by Section 21.202 of this subchapter and the
14-47 reasons for the recommendation, shall in its sole discretion,
14-48 either reject the recommendation or shall give the teacher written
14-49 notice of the proposed nonrenewal on or before April 1 preceding
14-50 the end of the employment term fixed in the contract.
14-51 (b) In the event of failure to give such notice of proposed
14-52 nonrenewal within the time herein specified, the board of trustees
14-53 shall thereby elect to employ such employee in the same
14-54 professional capacity <for the succeeding school year> until the
14-55 teacher is lawfully discharged.
14-56 (c) In the event the board of trustees receives a
14-57 recommendation from its administration for the termination of a
14-58 teacher's term contract during the term of the contract, the board,
14-59 after consideration of the written evaluations required by Section
14-60 21.202 of this subchapter and the reasons for the recommendation,
14-61 shall, in its sole discretion, either reject the recommendation or
14-62 shall give the teacher written notice of the proposed action.
14-63 <(c)> (d) The notice of proposed <nonrenewal> action
14-64 required in this section shall contain a statement of all the
14-65 reasons for such proposed action.
14-66 Sec. 21.205. Hearing. (a) If the teacher desires a hearing
14-67 after receiving notice of the proposed nonrenewal, the teacher
14-68 shall notify the board of trustees in writing within 10 days after
14-69 receiving the notice of nonrenewal. The board shall provide for a
14-70 hearing to be held within 15 days after receiving written notice
15-1 from the teacher requesting a hearing. Such hearing shall be
15-2 closed unless an open hearing is requested by the employee.
15-3 (b) The hearing shall be conducted in accordance with rules
15-4 promulgated by the district. <The board of trustees may designate
15-5 a person to serve as an impartial hearing officer to develop a
15-6 record for consideration by the board. The board shall make its
15-7 decision based on a review of the record developed by the impartial
15-8 hearing officer and on oral argument before the board of the
15-9 teacher or the teacher's representative and the district's
15-10 representative.>
15-11 Sec. 21.209. Probation. <(a)> The board of trustees of any
15-12 school district may provide by written policy for a probationary
15-13 period not to exceed the first two years of continuous employment
15-14 in the district, except that the probationary period shall not
15-15 exceed one year for a person who has been employed as a teacher in
15-16 public education for at least five of the eight years prior to
15-17 initial employment in the district. <The provisions of this
15-18 subchapter shall not apply during such probationary period.>
15-19 <(b) A teacher dismissed for good cause from the school
15-20 district in which the teacher was most recently employed may agree
15-21 by written contract to a probationary period for the first two
15-22 years of continuous employment.>
15-23 (c) The provisions of this subchapter shall not apply to the
15-24 nonrenewal of a teacher's term contract during or at the end of
15-25 such probationary period. The provisions of this subchapter shall
15-26 apply to the termination of a teacher's term contract during the
15-27 term of the contract, during or at the end of such probationary
15-28 period.
15-29 <Sec. 21.210. DISCHARGE FOR CAUSE. Nothing in this
15-30 subchapter shall prohibit a board of trustees from discharging a
15-31 teacher for cause during the term of the contract.>
15-32 Sec. 21.210. ALTERNATE HEARINGS AND APPEALS PROCEDURE.
15-33 (a) Hearings and appeals for teachers employed by a public school
15-34 district which had an enrollment of 17,500 students or more during
15-35 the previous school year shall be in accordance with Subchapter H
15-36 of Chapter 13 of this code, instead of Sections 21.205, 21.206, and
15-37 21.207 of this Subchapter.
15-38 (b) A public school district which had an enrollment of less
15-39 than 17,500 students during the previous school year may adopt a
15-40 written board policy providing that hearings and appeals shall be
15-41 in accordance with Subchapter H of Chapter 13 of this code, instead
15-42 of Sections 21.205, 21.206 and 21.207 of this Subchapter.
15-43 SECTION 2.25. Chapter 13, Education Code, is amended by
15-44 adding Subchapter I, to read as follows:
15-45 SUBCHAPTER I. EDUCATIONAL SUPPORT PERSONNEL
15-46 Sec. 13.701. DEFINITIONS. As used in this subchapter, the
15-47 following terms shall have the meaning ascribed to them in this
15-48 Section:
15-49 (a) "Educational support personnel" means a bus driver,
15-50 custodian, food service employee, maintenance employee, security
15-51 personnel, educational aide, educational secretary, and all other
15-52 non-professional, para-professional and professional personnel who
15-53 do not fall within the definition of "teacher" in Section 21.201(1)
15-54 of this code.
15-55 (b) "Board" and "board of trustees" means the governing
15-56 board of a public school district.
15-57 (c) "School district" means any public school district in
15-58 this state.
15-59 Sec. 13.702. EVALUATIONS. The board of trustees of each
15-60 school district shall provide by written policy for the periodic
15-61 written evaluation of each educational support personnel in its
15-62 employ at annual or more frequent intervals. Such evaluation shall
15-63 be considered by the board of trustees prior to any decision by the
15-64 board to terminate the employment of any educational support
15-65 personnel.
15-66 Sec. 13.703. RECOMMENDATION. The board of trustees of each
15-67 school district shall establish policies and procedures for
15-68 receiving recommendations from its school administration for the
15-69 termination of employment of educational support personnel.
15-70 Sec. 13.704. NOTICE. (a) In the event the board of
16-1 trustees receives a recommendation from its administration for the
16-2 termination of an educational support personnel's employment, the
16-3 board, after consideration of the written evaluations required by
16-4 Section 13.702 of this subchapter and the reasons for the
16-5 recommendation, shall, in its sole discretion, either reject the
16-6 recommendation or shall give the educational support personnel
16-7 written notice of the proposed action.
16-8 (b) The notice of proposed action required in this section
16-9 shall contain a statement of all the reasons for such proposed
16-10 action.
16-11 Sec. 13.705. GRIEVANCE. If the termination of an
16-12 educational support personnel's employment has been proposed, he
16-13 shall have the right to contest the proposed action pursuant to
16-14 Texas Revised Civil Statutes, Article 5154c, Section 6.
16-15 SECTION 2.26. Chapter 13, Education Code, is amended by
16-16 adding Subchapter J, to read as follows:
16-17 SUBCHAPTER J. EMPLOYEE GRIEVANCE PROCEDURES
16-18 Sec. 13.801. GRIEVANCE PROCEDURES FOR LOCAL SCHOOL
16-19 DISTRICTS. Each public school district in Texas shall adopt a
16-20 written board policy establishing a grievance procedure for
16-21 employees to present grievances concerning their wages, hours of
16-22 work, or conditions of work. The purpose of this grievance
16-23 procedure is to secure prompt and equitable resolution of employee
16-24 grievances at the lowest possible level.
16-25 Sec. 13.802. DISTRIBUTION OF GRIEVANCE PROCEDURE. (a) The
16-26 school district shall distribute a copy of the grievance procedure
16-27 to every employee at the beginning of every school year.
16-28 (b) Any employee who makes any written grievance, complaint,
16-29 rebuttal, or any other written statement contesting any school
16-30 district action or inaction to any administrator or board member
16-31 shall immediately be given a copy of the grievance procedure.
16-32 (c) No employee shall be required to meet any grievance
16-33 filing deadline of which he/she does not have actual notice.
16-34 Sec. 13.803. PRESENTMENT AND RESPONSE. (a) The grievance
16-35 procedure shall provide for the presentment of the grievance at one
16-36 or more administrative levels and to the board of trustees.
16-37 (b) The grievance procedure shall provide for reasonable
16-38 deadlines for the presentment of the grievance at each
16-39 administrative level.
16-40 (c) The grievance procedure shall provide for reasonable
16-41 deadlines for a response in kind at each administrative level. The
16-42 grievance shall be deemed denied at each level at the expiration of
16-43 such deadline if there has not been a timely response in kind,
16-44 unless such deadline has been extended in writing by mutual
16-45 agreement.
16-46 (d) The employee shall be given reasonable advance notice of
16-47 his/her opportunity for presentment to the board and of the board's
16-48 consideration of the grievance.
16-49 (e) The grievance procedure shall provide for reasonable
16-50 presentment of the grievance to the board of trustees by the
16-51 employee of at least one-half hour. The grievance procedure shall
16-52 provide the employee an opportunity to present witnesses,
16-53 documents, and/or argument in support of his/her grievance during
16-54 that time. In addition, the employee shall have the right to
16-55 cross-examine witnesses against the grievance, and to respond to
16-56 documents and argument against the grievance, beyond that time.
16-57 (f) The board shall respond to the grievance by either
16-58 granting or denying each remedy requested by the employee.
16-59 Sec. 13.804. REPRESENTATION. The employee may be
16-60 represented at every level of the grievance procedure by a
16-61 representative of his/her choice.
16-62 Sec. 13.805. GROUP GRIEVANCES. Employees who are similarly
16-63 situated may present a group grievance. The names of the grieving
16-64 employees may be stated in the grievance, or the characteristics of
16-65 the group may be described.
16-66 Sec. 13.806. RETALIATION PROHIBITED. No retaliatory action
16-67 of any kind shall be taken by the board, a board member, or any
16-68 administrator against an employee because of his/her participation
16-69 in the grievance procedure as a grievant or otherwise.
16-70 Sec. 13.807. EXCLUSIONS. The grievance procedure may
17-1 exclude matters covered by other board policies only if those other
17-2 policies meet the requirements of this subchapter, including the
17-3 provisions of Section 13.802.
17-4 Sec. 13.808. DEFINITIONS. As used in this subchapter, the
17-5 following terms shall have the meaning ascribed to them in this
17-6 section:
17-7 (a) "Employee" means an individual employed by the school
17-8 district at the time of the action grieved, including an employee
17-9 who grieves the termination of his/her employment.
17-10 (b) "Wages, hours of work, or conditions of work" means any
17-11 aspect of the employment relationship, including but not limited to
17-12 assignment, reassignment, salary, wages, evaluations, and
17-13 discharge, but not including those matters to which Chapter 13,
17-14 Subchapter C, Chapter 13, Subchapter H, and Chapter 21, Subchapter
17-15 G of this code apply.
17-16 SECTION 2.27. The following sections of the Education Code
17-17 are repealed: 12.61(a), 13.301, 13.305, 13.306(b), 13.307-13.317,
17-18 13.319-13.323, 16.057, and 21.251(c).
17-19 ARTICLE 3. CLASS SIZE
17-20 SECTION 3.01. Section 11.273(e), Education Code, is amended
17-21 to read as follows:
17-22 (e) A school campus or district may not receive an exemption
17-23 or waiver under this section from requirements imposed by federal
17-24 law or rule, including requirements for special education or
17-25 bilingual education programs. A school campus or district may not
17-26 receive an exemption or waiver under this section from a
17-27 requirement or prohibition imposed by state law or rule relating
17-28 to:
17-29 (1) curriculum essential elements, excluding the
17-30 methodology used by a teacher and the time spent by a teacher or a
17-31 student on a particular task or subject;
17-32 (2) restrictions on extracurricular activities;
17-33 (3) health and safety;
17-34 (4) competitive bidding;
17-35 (5) elementary school class size limits, except as
17-36 provided by Section 16.054 of this code;
17-37 (6) minimum graduation requirements;
17-38 (7) removal of a disruptive student from the
17-39 classroom;
17-40 (8) suspension or expulsion of a student;
17-41 (9) at risk programs;
17-42 (10) prekindergarten programs;
17-43 (11) educational employee and educational support
17-44 employee rights and benefits. In this section, "educational
17-45 support employee" means a full-time or part-time school employee
17-46 not defined as a "teacher" by Section 21.201(1) of this code; or
17-47 (12) special education or bilingual education
17-48 programs.
17-49 SECTION 3.02. Section 16.054, Education Code, is amended by
17-50 amending Subsections (a), (b), and (d) and adding Subsections (f)
17-51 and (g) to read as follows:
17-52 Sec. 16.054. <STUDENT/TEACHER RATIOS;> CLASS SIZE. (a) For
17-53 the purposes of determining compliance with this section, special
17-54 area teachers and special education teachers are to be excluded
17-55 from all calculations <Except as provided by Subsection (b) of this
17-56 section, each school district must employ a sufficient number of
17-57 certified teachers to maintain an average ratio of not less than
17-58 one teacher for each 20 students in average daily attendance>.
17-59 (b) Except as provided by Subsection (d) or (f), a <A>
17-60 school district may not enroll more than 22 students in a
17-61 kindergarten, first, second, third, or fourth grade class. <This
17-62 requirement shall not apply during the last 12 weeks of any school
17-63 year.>
17-64 (d) On application of a school district, the commissioner
17-65 may except the district from the limits in Subsection (b) or (f) of
17-66 this section if the commissioner finds the limits work an undue
17-67 hardship on the district. "Undue hardship" is defined as lack of
17-68 adequate classroom space to accommodate unforeseen increases in
17-69 enrollment, inability to secure certified teachers, and financial
17-70 emergency. The waiver request must include a process to obtain
18-1 campus compliance in the following year and must identify campus
18-2 actions to offset the waiver impact on student achievement. A
18-3 school district that exceeds the class size maximum established by
18-4 this section without filing for a waiver within 30 days shall lose
18-5 state ADA allotment for each child in excess of the maximum class
18-6 size for each day the class exceeds the maximum class size. An
18-7 exception expires at the end of the school year <semester> for
18-8 which it is granted<, and the commissioner may not grant an
18-9 exception for more than one semester at a time>. The commissioner
18-10 may except a school from the class size limit of 24 students under
18-11 Subsection (f) of this section only during the last 12 weeks of any
18-12 school year.
18-13 (f) A school district may enroll more than 22 but not more
18-14 than 24 students in a kindergarten, first, second, third, or fourth
18-15 grade class:
18-16 (1) after the first 12 weeks of a school year, if
18-17 necessary to avoid class reorganization; or
18-18 (2) during any 12 weeks selected by the district, if
18-19 the district has a significant percentage, as defined by the
18-20 commissioner of education, of students whose parent or guardian is
18-21 a migrant worker, as defined by Section 21.5515 of this code.
18-22 (g) Not later than the 45th day after the first day of the
18-23 school year, each school committee established under Section 21.931
18-24 of this code shall file a written report with the school district
18-25 concerning the school's compliance with Subsection (b) of this
18-26 section. Not later than the 60th day after the first day of the
18-27 school year, each school district shall forward the reports to the
18-28 commissioner.
18-29 ARTICLE 4. TRUSTEES AND ADMINISTRATORS
18-30 SECTION 4.01. Sections 13.353(a) and (e), Education Code,
18-31 are amended to read as follows:
18-32 (a) Each school district shall offer in-service training in
18-33 management skills for district administrators, including principals
18-34 and superintendents. The program may be one <programs must be
18-35 consistent with standards or models> adopted by the State Board of
18-36 Education or one approved by the board of trustees and shall
18-37 include management training in site-based decision making
18-38 established under Section 21.931 of this code <must be flexible and
18-39 draw from a variety of offerings both in and out of state>.
18-40 (e) From funds appropriated for that purpose, the Central
18-41 Education Agency may <shall> allocate an amount each year for the
18-42 identification, adaptation, development, and evaluation of
18-43 professional development programs and materials; training of
18-44 trainers; and technical assistance in the development of general
18-45 management and leadership development skills, including skills
18-46 necessary to implement Sections 21.7532, 21.930, and 21.931 of this
18-47 code. The State Board of Education may designate special projects
18-48 and development activities to be carried out with such funds. <The
18-49 manner in which such funds are utilized shall be reported annually
18-50 to the commissioner of education.>
18-51 SECTION 4.02. Section 13.354(d), Education Code, is amended
18-52 to read as follows:
18-53 (d) Each school district may <shall> use the appraisal
18-54 process and performance criteria developed by the board in
18-55 evaluating the performance of an administrator.
18-56 SECTION 4.03. Section 23.33, Education Code, is amended by
18-57 adding Subsection (e) to read as follows:
18-58 (e) A member of the board of trustees of a school district
18-59 may not be required under this section to participate in more than
18-60 20 hours of training during the trustee's first year of service on
18-61 the board or in any training during subsequent years of service.
18-62 SECTION 4.04. The following sections of the Education Code
18-63 are repealed: 12.64 and 13.354(c).
18-64 ARTICLE 5. SCHOOL BUSES
18-65 SECTION 5.01. Section 11.12, Education Code, is amended to
18-66 read as follows:
18-67 Sec. 11.12. Involvement With School Bus Regulations. The
18-68 State Board of Education and the <State Purchasing and> General
18-69 Services Commission, by and with the advice of the director of the
18-70 Department of Public Safety, shall <have joint and complete
19-1 responsibility to> adopt and enforce regulations governing the
19-2 design, color, lighting and other equipment, construction, and
19-3 operation of all school buses for the transportation of school
19-4 children when owned and operated by any school district or
19-5 privately owned and operated under contract with any school
19-6 district in this state, and the regulations shall by reference be
19-7 made a part of any such contract with a school district. <The
19-8 State Purchasing and General Services Commission shall coordinate
19-9 and correlate all specification data and finalize and issue the
19-10 specification so adopted as provided for by Article 3, State
19-11 Purchasing and General Services Act (Article 601b, Vernon's Texas
19-12 Civil Statutes).> In the regulations, emphasis shall be placed on
19-13 safety features and long-range, maintenance-free factors, and
19-14 requiring that all school buses shall be purchased on competitive
19-15 bids <as provided by Section 21.165 of this code>. Every school
19-16 district, its officers, employees, and every person employed under
19-17 contract by a school district shall be subject to these
19-18 regulations. The <State Purchasing and> General Services
19-19 Commission or a school district may not <shall> purchase a motor
19-20 vehicle or equipment to which the standards apply unless the motor
19-21 vehicle or equipment conforms <conform> to these standards.
19-22 SECTION 5.02. Section 21.161, Education Code, is amended to
19-23 read as follows:
19-24 Sec. 21.161. General Rule. A school district may purchase
19-25 motor vehicles through the General Services Commission as provided
19-26 by Section 21.165 of this code or under the district's own
19-27 purchasing program. In purchasing motor vehicles, a school
19-28 district must comply with rules adopted under Section 11.12 of this
19-29 code <Except as specifically authorized by this subchapter all
19-30 motor vehicles used for transporting school children (including
19-31 buses, bus chassis, and bus bodies, tires and tubes, but excluding
19-32 passenger cars), purchased by or for any school district
19-33 participating in the Foundation School Program, shall be purchased
19-34 by and through the State Board of Control>.
19-35 SECTION 5.03. Section 21.165(d), Education Code, is amended
19-36 to read as follows:
19-37 (d) If the requisition is for the purchase of a motor
19-38 vehicle, bus, bus body, or bus chassis, it must be approved by
19-39 either the county school board when funded under law or the board
19-40 of trustees of a school district <and by the commissioner of
19-41 education>.
19-42 SECTION 5.04. Section 21.166(e), Education Code, is amended
19-43 to read as follows:
19-44 (e) Full records of all warrants issued and sold shall be
19-45 kept by the school district <and reported to the Board of Control>.
19-46 SECTION 5.05. Section 21.167, Education Code, is amended to
19-47 read as follows:
19-48 Sec. 21.167. Sale of Buses. When any school buses owned by
19-49 any county or school district are to be sold, traded in, or
19-50 otherwise disposed of, <they must be disposed of by the Board of
19-51 Control or by> the county school trustees or the trustees of the
19-52 school district may dispose of the buses, or the board may request
19-53 the General Services Commission to dispose of the buses under such
19-54 rules and regulations as the commission <Board of Control> may
19-55 provide.
19-56 SECTION 5.06. Section 21.174(b), Education Code, is amended
19-57 to read as follows:
19-58 (b) In establishing and operating such transportation
19-59 systems, the county or local district school boards shall:
19-60 (1) <requisition buses and supplies from the state
19-61 board of control as provided for in this subchapter;>
19-62 <(2)> prior to June 1 of each year, <with the
19-63 commissioner's approval,> establish school bus routes in their
19-64 respective counties or districts for the succeeding school year;
19-65 (2) <(3)> employ school bus drivers certified in
19-66 accordance with standards and qualifications promulgated jointly by
19-67 the State Board of Education and the <Texas> Department of Public
19-68 Safety as required by law; and
19-69 (3) <(4)> be responsible for the maintenance and
19-70 operation of school buses.
20-1 SECTION 5.07. Section 21.181(a), Education Code, is amended
20-2 to read as follows:
20-3 (a) As an alternative to maintaining and operating a
20-4 complete public school transportation system under this subchapter,
20-5 a county or local district school board may contract with a public
20-6 or commercial transportation company or system for all or any part
20-7 of its public school transportation if the board is able to obtain
20-8 an economically advantageous contract, provided that the commercial
20-9 transportation company or system:
20-10 (1) requires its school bus drivers to be certified by
20-11 the Central Education Agency; and
20-12 (2) uses only those school buses in transporting
20-13 public school students that satisfy safety requirements imposed by
20-14 law on school buses operated by public school transportation
20-15 systems<; and>
20-16 <(3) agrees to meet the alternative fuels requirements
20-17 of Section 21.174 for those buses dedicated to the contract;
20-18 provided, however, the company or system may claim all exceptions
20-19 available to county and local district school boards under Section
20-20 21.174>.
20-21 SECTION 5.08. Sections 21.182(a) and (h), Education Code,
20-22 are amended to read as follows:
20-23 (a) As an alternative to purchasing school buses, a county
20-24 or local district school board may contract with any person for
20-25 use, acquisition, or lease with option or options to purchase any
20-26 school bus or buses if, at the discretion of the school board, such
20-27 a contract is determined to be economically advantageous to the
20-28 school district <and complies with the alternative fuels
20-29 requirements of Section 21.174>. Contracts may be in the form of a
20-30 lease or a lease with option or options to purchase. A contract is
20-31 in the form of a lease if it is a contract for the use and
20-32 possession of one or more school buses for consideration.
20-33 Ownership of a bus acquired through a lease or a lease with an
20-34 option to purchase remains with the lessor unless the lessee
20-35 exercises an option to purchase and purchases the bus under the
20-36 option. A school bus that is leased or leased with an option to
20-37 purchase under this section must meet or exceed the requirements
20-38 related to safety that apply to purchased or privately operated
20-39 school buses under Section 11.12. <Contracts in the form of an
20-40 installment purchase or any form other than a lease or a lease with
20-41 option or options to purchase shall be subject to the provisions of
20-42 Section 21.165, as well as rules of the General Services
20-43 Commission.>
20-44 (h) A contract under this section may have any lawful term
20-45 of not less than two or more than 10 years. <A county or local
20-46 district school board that contracts under this section shall
20-47 report the existence of the contract and the number of buses under
20-48 the contract to the General Services Commission within 45 days
20-49 after the date the contract was made. A county or local district
20-50 school board that terminates a contract under this section before
20-51 the two year minimum term has expired shall report the termination
20-52 and the reason for the termination to the General Services
20-53 Commission within 45 days after the date the contract was
20-54 terminated.>
20-55 SECTION 5.09. Section 21.174(c) and (d) are amended to read
20-56 as follows:
20-57 (c)(1) Except as provided in Subdivision (4) of this
20-58 subsection or section (d), no county or local district school board
20-59 may purchase or lease or authorize the purchase or lease after
20-60 September 1, 1993 <1991>, of any motor vehicle used for
20-61 transporting school children for any county or local school
20-62 district operating more than 50 such vehicles unless that vehicle
20-63 is capable of using compressed natural gas or other alternative
20-64 fuels which result in comparably lower emissions of oxides of
20-65 nitrogen, volatile organic compounds, carbon monoxide, or
20-66 particulates or any combination thereof.
20-67 (2) A county or local school district school board may
20-68 acquire or be provided equipment or refueling facilities necessary
20-69 to operate such vehicles using compressed natural gas or other
20-70 alternative fuels:
21-1 (A) by purchase or lease as authorized by law;
21-2 (B) by gift or loan of the equipment or
21-3 facilities; or
21-4 (C) by gift or loan of the equipment or
21-5 facilities or other arrangement pursuant to a service contract for
21-6 the supply of compressed natural gas or other alternative fuels.
21-7 (3) If such equipment or facilities are donated,
21-8 loaned, or provided through other arrangement with the supplier of
21-9 compressed natural gas or other alternative fuels, the supplier
21-10 shall be entitled to recoup its actual cost of donating, loaning,
21-11 or providing the equipment or facilities through its fuel charges
21-12 under the supply contract.
21-13 (4) <The State Purchasing and General Services
21-14 Commission shall waive the> The requirements of this section shall
21-15 not apply to <for> any school district if the county or local
21-16 district school board solicits, but does not receive, any bids for
21-17 service contracts for the supply of compressed natural gas or other
21-18 alternative fuels that are at or below the net projected costs of
21-19 continued use of traditional gasoline or diesel fuels measured over
21-20 the expected useful life of the equipment or facilities supplied.
21-21 An entity making a bid shall have the burden to provide the school
21-22 board the information on cost-effectiveness of the bid. <certifies
21-23 to the commission that:>
21-24 <(A) the county's or district's vehicles will be
21-25 operating primarily in an area in which neither the county,
21-26 district, nor a supplier has or can reasonably be expected to
21-27 establish a central refueling station for compressed natural gas or
21-28 other alternative fuels; or>
21-29 <(B) the county or district is unable to acquire
21-30 or be provided equipment or refueling facilities necessary to
21-31 operate vehicles using compressed natural gas or other alternative
21-32 fuels pursuant to Subdivision (2) of this subsection at a projected
21-33 cost that is reasonably expected to result in no greater net costs
21-34 than the continued use of traditional gasoline or diesel fuels
21-35 measured over the expected useful life of the equipment or
21-36 facilities supplied.>
21-37 <(5) Written notice of the date, hour, place, and
21-38 subject of any county or local district school board meeting called
21-39 for the purpose of considering certification under Subdivision (4)
21-40 of this subsection shall be furnished to the secretary of state,
21-41 who shall then post the notice on a bulletin board to be located in
21-42 the main office of the secretary of state at a place convenient to
21-43 the public and shall have a notice posted on a bulletin board
21-44 located at a place convenient to the public in its central
21-45 administrative office. Notice of the meeting must be posted for at
21-46 least 60 days preceding the scheduled time of the meeting.>
21-47 (d)(1) Any county or local district school board which
21-48 operates a fleet of more than 50 motor vehicles used for
21-49 transporting school children shall ensure <achieve the following
21-50 percentages of such vehicles capable of using compressed natural
21-51 gas or other alternative fuels by the times specified>:
21-52 (A) that not less than 50 percent of its fleet
21-53 is capable of using compressed natural gas or other alternative
21-54 fuel not later than the earlier of 4 years from the date the fleet
21-55 exceeds 50 vehicles or 4 years of the effective date of this act
21-56 <the percentage shall be equal to or greater than 30 percent of the
21-57 number of such vehicles operated by September 1, 1994>; and
21-58 (B) that not less than 90 percent of its fleet
21-59 is capable of using compressed natural gas or other alternative
21-60 fuel not later than 8 years from the effective date of this Act
21-61 <equal to or greater than 50 percent of the number of such vehicles
21-62 operated by September 1, 1996>.
21-63 (2) These fleet composition requirements shall not
21-64 apply to any county or district that:
21-65 (A) solicits, but does not receive, any bids for
21-66 service contracts for the supply of compressed natural gas or other
21-67 alternative fuels that are at or below the net projected costs of
21-68 continued use of traditional gasoline or diesel fuels measured over
21-69 the expected useful life of the equipment or facilities supplied.
21-70 An entity making a bid shall have the burden to provide the school
22-1 board the information on cost-effectiveness of the bid; or
22-2 (B) solicits, but does not receive, any bids for
22-3 conversion of vehicles or engines to compressed natural gas or
22-4 other alternative fuels that are at or below the net projected
22-5 costs of continued use of traditional gasoline or diesel fuels
22-6 measured over the expected useful life of the vehicle or engine.
22-7 An entity making a bid shall have the burden to provide the school
22-8 board the information on cost-effectiveness of the bid, including
22-9 the cost of new warranties for engine conversion and insurance
22-10 costs; however, the board shall consider availability of state and
22-11 federal funds for conversion purposes. <The Texas Air Control Board
22-12 must review this alternative fuel use program by December 31, 1996,
22-13 and, if the Texas Air Control Board determines that the program has
22-14 been effective in reducing total annual emissions from vehicles in
22-15 the area, county and local district school boards operating fleets
22-16 of more than 50 motor vehicles used for transporting school
22-17 children shall achieve a percentage of such vehicles capable of
22-18 using compressed natural gas or other alternative fuels equal to or
22-19 greater than 90 percent of the number of fleet vehicles operated by
22-20 September 1, 1998, and thereafter.>
22-21 (3) School districts may meet the fleet composition
22-22 requirements by converting new or existing vehicles to alternative
22-23 fuel, by replacing existing vehicle engines with an alternative
22-24 fuel engine, or by purchasing a new alternative fuel vehicle.
22-25 <County and local district school boards shall submit to the
22-26 Central Education Agency annual reports summarizing their progress
22-27 in achieving these percentage requirements and increasing use of
22-28 compressed natural gas or other alternative fuels, and the Central
22-29 Education Agency shall submit the summaries to the Texas Air
22-30 Control Board by September 1 of each year>.
22-31 <(4) County and local district school boards, the
22-32 Central Education Agency, and the State Purchasing and General
22-33 Services Commission shall support the Texas Air Control Board in
22-34 collecting reasonable information needed to determine air quality
22-35 benefits from use of alternative fuels in affected districts.>
22-36 (e) This section shall not require any district to covert
22-37 any vehicle put into service on or before September 1, 1993, to
22-38 alternative fuel.
22-39 (f) School districts required to convert fleets under this
22-40 section that achieve a fleet composition of 30 percent or more
22-41 alternative fuel vehicles by September 1, 1994, shall have priority
22-42 to receive appropriated or other funds available for the purpose of
22-43 fleet conversion to alternative fuel.
22-44 SECTION 5.10. The following sections of the Education Code
22-45 are repealed: 21.174(e)-(f) and 21.174(i).
22-46 ARTICLE 6. MISCELLANEOUS REGULATIONS
22-47 SECTION 6.01. Section 11.26(c), Education Code, is amended
22-48 to read as follows:
22-49 (c) With the advice and assistance of the state commissioner
22-50 of education, the State Board of Education shall:
22-51 (1) make to the legislature biennial reports covering
22-52 all the activities and expenditures of the Central Education
22-53 Agency;
22-54 (2) adopt rules for the accreditation of schools;
22-55 (3) execute contracts for the purchase of
22-56 instructional aids, including textbooks, within the limits of
22-57 authority granted by the legislature;
22-58 (4) execute contracts for the investment of the
22-59 permanent school fund, within the limits of authority granted by
22-60 Article VII, Section 5(d), of the Texas Constitution <Chapter 15 of
22-61 this code>;
22-62 (5) adopt rules consistent with Chapter 13 of this
22-63 code for certification of teachers, administrators, and other
22-64 professional personnel customarily employed in public schools;
22-65 (6) adopt rules requiring school districts to notify
22-66 parents of students of a teacher teaching a subject for which the
22-67 teacher is not certified, unless the teacher is serving an
22-68 internship under Section 13.035 of this code, or the teacher has at
22-69 least 24 semester credit hours in the subject, or the teacher is
22-70 teaching under an emergency permit and is making satisfactory
23-1 progress toward completion of a deficiency plan;
23-2 (7) consider the athletic necessities and activities
23-3 of the public schools of Texas and in advance of each regular
23-4 session of the legislature specifically report to the governor of
23-5 Texas the proper and lawful division of time and money to be
23-6 devoted to athletics, holidays, legal and otherwise, and to
23-7 educational purposes; and
23-8 (8) on or before May 15 of each year, formulate and
23-9 transmit to the Texas Council on Vocational Education a list of
23-10 evaluation topics that address developing and future concerns of
23-11 the board in the field of technical-vocational education.
23-12 SECTION 6.02. Section 15.03, Education Code, is amended to
23-13 read as follows:
23-14 Sec. 15.03. DELIVERY <PURCHASE AND SALE OR EXCHANGE> OF
23-15 SECURITIES. <(a) The State Board of Education may authorize the
23-16 purchase of all of the types of securities in which it is
23-17 authorized by law to invest the permanent school fund in either
23-18 registered or negotiable form; and it may authorize the reissue of
23-19 such securities held at any time for the account of the permanent
23-20 school fund in either registered or negotiable form. The State
23-21 Board of Education may authorize the sale of any of the securities
23-22 held for the account of the permanent school fund and reinvest the
23-23 proceeds of sale for the fund; and it may authorize the exchange of
23-24 any of the securities held for the account of the permanent school
23-25 fund.>
23-26 <(b) In making each and all of such purchases, sales,
23-27 exchanges and reissues the State Board of Education shall exercise
23-28 the judgment and care under the circumstances then prevailing which
23-29 men of ordinary prudence, discretion, and intelligence exercise in
23-30 the management of their own affairs not in regard to speculation
23-31 but in regard to the permanent disposition of their funds,
23-32 considering the probable income therefrom as well as the probable
23-33 safety of their capital.>
23-34 <(c)> When any securities are sold, reissued, or exchanged
23-35 in managing the assets of the permanent school fund <as provided in
23-36 Subsection (a) of this section>, the custodian of such securities
23-37 shall make delivery of the securities sold, reissued, or exchanged
23-38 in accordance with the directions of the State Board of Education.
23-39 SECTION 6.03. Subchapter A, Chapter 16, Education Code, is
23-40 amended by adding Section 16.0061 to read as follows:
23-41 Sec. 16.0061. AUDIT OF AVERAGE DAILY ATTENDANCE. (a) The
23-42 Central Education Agency annually shall select certain school
23-43 districts to audit to determine if the number of students in
23-44 average daily attendance reported by the school district is
23-45 accurate.
23-46 (b) If an audit determines that a school district has more
23-47 students in average daily attendance than the number of students
23-48 reported by the school district, the school district shall receive
23-49 the additional state funds to which the school district is
23-50 entitled, based on the accurate number of students in average daily
23-51 attendance, and interest on those funds. Interest shall be paid at
23-52 the rate paid on funds held by the Texas Treasury Safekeeping Trust
23-53 Company. Interest accrues from the date state funds were paid to
23-54 the school district using the inaccurate number of students in
23-55 average daily attendance to the date the audit is completed and
23-56 the correct number of students in average daily attendance is
23-57 determined.
23-58 (c) If an audit determines that a school district has fewer
23-59 students in average daily attendance than the number of students
23-60 reported by the school district, the school district shall return
23-61 the amount equal to the difference between the amount of state
23-62 funds that the school district received, based on the inaccurate
23-63 number of students in average daily attendance, and the amount of
23-64 state funds that it should have received and shall pay interest on
23-65 the amount to be returned. Interest shall be paid at the rate paid
23-66 on funds held by the Texas Treasury Safekeeping Trust Company.
23-67 Interest accrues from the date state funds were paid to the school
23-68 district using the inaccurate number of students in average daily
23-69 attendance to the date the audit is completed and the correct
23-70 number of students in average daily attendance is determined.
24-1 (d) If the amount of state funds that a school district
24-2 received, based on an inaccurate number of students in average
24-3 daily attendance, exceeds the amount equal to 105 percent of the
24-4 amount that the district should have received, the school district
24-5 shall pay a penalty of 10 percent of the amount equal to the
24-6 difference between state funds received and the amount of state
24-7 funds that should have been received.
24-8 (e) Interest or a penalty recovered under this section shall
24-9 be deposited in the state treasury to the credit of the foundation
24-10 school fund.
24-11 SECTION 6.04. Section 16.007, Education Code, is amended by
24-12 adding Subsections (d) and (e) to read as follows:
24-13 (d) If a district fails to submit information as required
24-14 under this section, any foundation school fund money distributions
24-15 to which the district is entitled shall be withheld until the
24-16 district submits the information.
24-17 (e) Annually, the commissioner of education shall review the
24-18 Public Education Information Management System and shall repeal or
24-19 amend rules that require school districts to provide information
24-20 through the Public Education Information Management System that is
24-21 not necessary or useful. In reviewing and revising the Public
24-22 Education Information Management System, the commissioner shall
24-23 develop rules to ensure that the system provides useful, accurate,
24-24 and timely information on student demographics and academic
24-25 performance, personnel, and school district finances.
24-26 SECTION 6.05. Section 16.255(b), Education Code, is amended
24-27 to read as follows:
24-28 (b) Except as provided by Section 16.0061 of this code, in
24-29 <In> the event of overallocation of state funds, as determined by
24-30 the State Board of Education or the state auditor by reference to
24-31 the director's report, the Central Education Agency shall, by
24-32 withholding from subsequent allocations of state funds, recover
24-33 from the district an amount, or amounts, equal to the
24-34 overallocation.
24-35 SECTION 6.06. Section 19.051(a), Education Code, is amended
24-36 to read as follows:
24-37 (a) By the procedure described in this subchapter, any of
24-38 the following groups of school districts may consolidate into a
24-39 single school district:
24-40 (1) two or more <contiguous> independent school
24-41 districts;
24-42 (2) two or more <contiguous> common school districts;
24-43 or
24-44 (3) one or more independent school districts and one
24-45 or more common school districts <constituting as a whole one
24-46 continuous territory>.
24-47 SECTION 6.07. Section 21.041, Education Code, as amended by
24-48 Section 1, Chapter 353, Acts of the 71st Legislature, Regular
24-49 Session, 1989, and Section 2.12, Chapter 813, Acts of the 71st
24-50 Legislature, Regular Session, 1989, is reenacted and amended to
24-51 read as follows:
24-52 Sec. 21.041. ABSENCES. (a) Except as provided by this
24-53 section, a student may not be given credit for a class unless the
24-54 student is in attendance for at least 90 percent of the <80> days
24-55 the class is offered <during a semester>.
24-56 (b) The board of trustees of each school district shall
24-57 appoint one or more attendance committees to hear petitions for
24-58 class credit by students who are in attendance fewer than the
24-59 number of days required under Subsection (a) of this section <80
24-60 days during a semester>. Each board may determine the number of
24-61 committees needed in the district and the composition of each
24-62 committee. The committees may give class credit to a student who
24-63 is in attendance fewer than the number of days required under
24-64 Subsection (a) of this section <80 days during a semester> because
24-65 of extenuating circumstances. Each local school board shall
24-66 establish guidelines to determine what constitutes extenuating
24-67 circumstances, subject to rules adopted by the State Board of
24-68 Education, and shall adopt policies establishing alternative ways
24-69 for students to make up work or regain credit lost because of
24-70 absences. The State Board of Education shall submit its rules
25-1 adopted under this section to the Legislative Education Board for
25-2 review to ensure compliance with legislative intent. A certified
25-3 public school employee may not be assigned additional instructional
25-4 duties as a result of this section outside of the regular workday
25-5 unless the employee is compensated for the duties at a reasonable
25-6 rate of pay.
25-7 (c) A member of an attendance committee is not personally
25-8 liable for any act or omission arising out of duties as a member of
25-9 an attendance committee.
25-10 (d) If a student is denied credit for a class by an
25-11 attendance committee, the student may appeal the decision to the
25-12 board. The decision of the board may be appealed by trial de novo
25-13 to the district court of the county in which the school district's
25-14 central administrative office is located.
25-15 (e) This section does not affect the provision of Section
25-16 21.035(f) of this code regarding a student's excused absence from
25-17 school to observe religious holy days.
25-18 SECTION 6.08. Sections 21.458(a), (b), (e), and (f),
25-19 Education Code, are amended to read as follows:
25-20 (a) Each district that is required to offer a bilingual
25-21 education or special language program shall offer a voluntary
25-22 <summer> program for children of limited English proficiency who
25-23 will be eligible for admission to kindergarten or the first grade
25-24 at the beginning of the next school year. A school that operates
25-25 on a two-semester system shall offer the program during the period
25-26 school is recessed for the summer. A school that operates on any
25-27 other system permitted by this code shall offer 120 hours of
25-28 instruction on a schedule the board of trustees of the district
25-29 establishes.
25-30 (b) Enrollment in the program is optional with the parent of
25-31 the child. In a district that operates on a two-semester system,
25-32 the <The> program must be offered for one-half day for eight weeks.
25-33 (e) The <preschool or summer> programs required or
25-34 authorized by this section shall not be a substitute for programs
25-35 required to be provided during the regular school year.
25-36 (f) The legislature may appropriate funds from the
25-37 foundation school program for support of a <the summer> program
25-38 under Subsection (a) of this section.
25-39 SECTION 6.09. Section 21.653, Education Code, is amended to
25-40 read as follows:
25-41 Sec. 21.653. STUDENT PARTICIPANTS. (a) Students shall be
25-42 identified as gifted and talented for a program under this
25-43 subchapter through the use of criteria established by the State
25-44 Board of Education.
25-45 (b) A school district may limit the number of students
25-46 identified as gifted and talented under this subchapter to the
25-47 percentage of the district's students in average daily attendance
25-48 eligible for funding under Section 16.159(c) of this code.
25-49 SECTION 6.10. Subchapter B, Chapter 11, Education Code, is
25-50 amended by adding Section 11.274 to read as follows:
25-51 Sec. 11.274. SCHOOL COMMITTEE WAIVERS. (a) Except as
25-52 provided under Section 11.273(e), Education Code, and Subsection
25-53 (c) of this section, a school committee established under Section
25-54 21.931 of this code, in collaboration with campus administrators,
25-55 may apply to the commissioner of education for a waiver for the
25-56 school of a requirement or prohibition imposed by law or rule that
25-57 the committee determines inhibits student achievement.
25-58 (b) An application under this section must include a written
25-59 plan developed by the committee that states the achievement
25-60 objectives of the committee and the inhibition imposed on those
25-61 objectives by the requirement or prohibition and shall be approved
25-62 by the district's board of trustees.
25-63 (c) The commissioner may grant a waiver under this section
25-64 for a period not to exceed three years. A prohibition on conduct
25-65 that constitutes a criminal offense may not be waived. A
25-66 requirement imposed by federal law or rule, including requirements
25-67 for special education or bilingual education programs, may not be
25-68 waived.
25-69 SECTION 6.11. Section 11.52, Education Code, is amended by
25-70 adding Subsection (p) to read as follows:
26-1 (p) The State Board of Education may establish demonstration
26-2 programs in education settings throughout the state to demonstrate
26-3 and investigate educational programs or methodologies. The
26-4 commissioner may waive for the duration of a program a requirement
26-5 or prohibition imposed by state law that hinders the implementation
26-6 of the program. A prohibition on conduct that constitutes a
26-7 criminal offense may not be waived.
26-8 SECTION 6.12. Section 21.3011(b), Education Code, is amended
26-9 to read as follows:
26-10 (b) A student may be removed from class and expelled without
26-11 resort to an alternative education program under Section 21.301 of
26-12 this code if the student, on school property or while attending a
26-13 school-sponsored or school-related activity on or off of school
26-14 property:
26-15 (1) assaults a teacher or other individual;
26-16 (2) sells, gives, or delivers to another person or
26-17 possesses or uses or is under the influence of:
26-18 (A) marihuana or a controlled substance, as
26-19 defined by Chapter 481, Health and Safety Code, or by 21 U.S.C.
26-20 Section 801 et seq.; or
26-21 (B) a dangerous drug, as defined by Chapter 483,
26-22 Health and Safety Code;
26-23 (3) sells, gives, or delivers to another person an
26-24 alcoholic beverage, as defined by Section 1.04, Alcoholic Beverage
26-25 Code, or commits a serious act or offense while under the influence
26-26 of alcohol; or on more than one occasion possesses, uses, or is
26-27 under the influence of an alcoholic beverage;
26-28 (4) possesses a firearm as defined by Section
26-29 46.01(3), Penal Code, an illegal knife as defined by Section
26-30 46.01(6), Penal Code, a club as defined by Section 46.01(1), Penal
26-31 Code, or a weapon listed as a prohibited weapon under Section
26-32 46.06, Penal Code;
26-33 (5) engages in conduct that contains the elements of
26-34 an offense relating to abusable glue or aerosol paint under
26-35 Sections 485.031 through 485.035, Health and Safety Code, or
26-36 relating to volatile chemicals under Chapter 484, Health and Safety
26-37 Code;
26-38 (6) engages in conduct that contains the elements of
26-39 the offense of arson under Section 28.02, Penal Code; <or>
26-40 (7) engages in conduct that contains the elements of
26-41 the offense of criminal mischief under Section 28.03, Penal Code,
26-42 if the offense is punishable as a felony under that section; or
26-43 (8) engages in conduct that contains the elements of
26-44 the offense of public lewdness under Section 21.07, Penal Code.
26-45 SECTION 6.13. Section 3(a), Chapter 424, Acts of the 63rd
26-46 Legislature, Regular Session, 1973 (Article 6252-17a, Vernon's
26-47 Texas Civil Statutes), is amended to read as follows:
26-48 (a) All information collected, assembled, or maintained by
26-49 or for governmental bodies, except in those situations where the
26-50 governmental body does not have either a right of access to or
26-51 ownership of the information, pursuant to law or ordinance or in
26-52 connection with the transaction of official business is public
26-53 information and available to the public during normal business
26-54 hours of any governmental body, with the following exceptions only:
26-55 (1) information deemed confidential by law, either
26-56 Constitutional, statutory, or by judicial decision;
26-57 (2) information in personnel files, the disclosure of
26-58 which would constitute a clearly unwarranted invasion of personal
26-59 privacy, and transcripts from institutions of higher education
26-60 maintained in the personnel files of professional public school
26-61 employees; provided, however, that nothing in this section shall be
26-62 construed to exempt from disclosure the degree obtained and the
26-63 curriculum on such transcripts of professional public school
26-64 employees, and further provided that all information in personnel
26-65 files of an individual employee within a governmental body is to be
26-66 made available to that individual employee or his designated
26-67 representative as is public information under this Act;
26-68 (3) information relating to litigation of a criminal
26-69 or civil nature and settlement negotiations, to which the state or
26-70 political subdivision is, or may be, a party, or to which an
27-1 officer or employee of the state or political subdivision, as a
27-2 consequence of his office or employment, is or may be a party, that
27-3 the attorney general or the respective attorneys of the various
27-4 political subdivisions has determined should be withheld from
27-5 public inspection;
27-6 (4) information which, if released, would give
27-7 advantage to competitors or bidders;
27-8 (5) information pertaining to the location of real or
27-9 personal property for public purposes prior to public announcement
27-10 of the project, and information pertaining to appraisals or
27-11 purchase price of real or personal property for public purposes
27-12 prior to the formal award of contracts therefor;
27-13 (6) drafts and working papers involved in the
27-14 preparation of proposed legislation;
27-15 (7) matters in which the duty of the Attorney General
27-16 of Texas or an attorney of a political subdivision, to his client,
27-17 pursuant to the Rules and Canons of Ethics of the State Bar of
27-18 Texas are prohibited from disclosure, or which by order of a court
27-19 are prohibited from disclosure;
27-20 (8) records of law enforcement agencies and
27-21 prosecutors that deal with the detection, investigation, and
27-22 prosecution of crime and the internal records and notations of such
27-23 law enforcement agencies and prosecutors which are maintained for
27-24 internal use in matters relating to law enforcement and
27-25 prosecution;
27-26 (9) private correspondence and communications of an
27-27 elected office holder relating to matters the disclosure of which
27-28 would constitute an invasion of privacy;
27-29 (10) trade secrets and commercial or financial
27-30 information obtained from a person and privileged or confidential
27-31 by statute or judicial decision;
27-32 (11) inter-agency or intra-agency memorandums or
27-33 letters which would not be available by law to a party in
27-34 litigation with the agency;
27-35 (12) information contained in or related to
27-36 examination, operating, or condition reports prepared by, on behalf
27-37 of, or for the use of an agency responsible for the regulation or
27-38 supervision of financial institutions, and/or securities, as that
27-39 term is defined in the Texas Securities Act;
27-40 (13) geological and geophysical information and data
27-41 including maps concerning wells, except information filed in
27-42 connection with an application or proceeding before any agency or
27-43 an electric log confidential under Subchapter M, Chapter 91,
27-44 Natural Resources Code;
27-45 (14) student records at educational institutions
27-46 funded wholly, or in part, by state revenue; but such records shall
27-47 be made available upon request of educational institution
27-48 personnel, the student involved, that student's parent, legal
27-49 guardian, or spouse or a person conducting a child abuse
27-50 investigation required by Section 34.05, Family Code;
27-51 (15) birth and death records maintained by the Bureau
27-52 of Vital Statistics of the Texas Department of Health, except that:
27-53 (A) a birth record is public information and
27-54 available to the public on and after the 50th anniversary of the
27-55 date on which the record is filed with the Bureau of Vital
27-56 Statistics or local registration official; and
27-57 (B) a death record is public information and
27-58 available to the public on and after the 25th anniversary of the
27-59 date on which the record is filed with the Bureau of Vital
27-60 Statistics or local registration official;
27-61 (16) the audit working papers of the State Auditor;
27-62 (17) information relating to:
27-63 (A) the home addresses or home telephone numbers
27-64 of each official or employee or each former official or employee of
27-65 a governmental body except as otherwise provided by Section 3A of
27-66 this Act, or of peace officers as defined by Article 2.12, Code of
27-67 Criminal Procedure, 1965, as amended, or by Section 51.212, Texas
27-68 Education Code; or
27-69 (B) the home addresses, home telephone numbers,
27-70 or social security numbers of employees of the Texas Department of
28-1 Criminal Justice, or the home or employment addresses or telephone
28-2 numbers or the names or social security numbers of their family
28-3 members;
28-4 (18) information contained on or derived from
28-5 triplicate prescription forms filed with the Department of Public
28-6 Safety pursuant to Section 481.075, Health and Safety Code;
28-7 (19) photographs that depict a peace officer as
28-8 defined by Article 2.12, Code of Criminal Procedure, or a security
28-9 officer commissioned under Section 51.212, Education Code, the
28-10 release of which would endanger the life or physical safety of the
28-11 officer unless:
28-12 (A) the officer is under indictment or charged
28-13 with an offense by information; or
28-14 (B) the officer is a party in a fire or police
28-15 civil service hearing or a case in arbitration; or
28-16 (C) the photograph is introduced as evidence in
28-17 a judicial proceeding;
28-18 (20) rare books and original manuscripts which were
28-19 not created or maintained in the conduct of official business of a
28-20 governmental body and which are held by any private or public
28-21 archival and manuscript repository for the purposes of historical
28-22 research;
28-23 (21) oral history interviews, personal papers,
28-24 unpublished letters, and organizational records of nongovernmental
28-25 entities, which were not created or maintained in the conduct of
28-26 official business of a governmental body and which are held by any
28-27 private or public archival and manuscript repository for the
28-28 purposes of historical research, to the extent that the archival
28-29 and manuscript repository and the donor of the interviews, papers,
28-30 letters, and records may agree to limit disclosure of the item;
28-31 (22) <curriculum objectives and> test items developed
28-32 by educational institutions that are funded wholly or in part by
28-33 state revenue and test items developed by licensing agencies or
28-34 governmental bodies; and
28-35 (23) the names of applicants for the position of chief
28-36 executive officer of institutions of higher education, except that
28-37 the governing body of the institution of higher education must give
28-38 public notice of the name or names of the finalists being
28-39 considered for the position at least 21 days prior to the meeting
28-40 at which final action or vote is to be taken on the employment of
28-41 the individual.
28-42 SECTION 6.14. Section 5(a), Chapter 173, Acts of the 47th
28-43 Legislature, Regular Session, 1941 (Article 6687b, Vernon's Texas
28-44 Civil Statutes), is amended to read as follows:
28-45 (a) No person who is under the age of eighteen (18) years
28-46 shall drive any motor vehicle while in use as a school bus for the
28-47 transportation of pupils to or from school. A person who is
28-48 eighteen (18) years of age or older may not operate a vehicle as a
28-49 school bus until he has been properly licensed to operate a school
28-50 bus. It shall be unlawful for any person to be employed to drive a
28-51 motor vehicle while in use as a school bus for the transportation
28-52 of pupils who has not undergone a physical examination which
28-53 reveals his physical and mental capabilities to safely operate a
28-54 school bus. Such physical examinations shall be conducted annually
28-55 for each driver. A pre-employment driver's license check shall
28-56 have been made with the Texas Department of Public Safety prior to
28-57 the employment and the person's driving record must be acceptable
28-58 according to standards developed jointly by the State Board of
28-59 Education and the Texas Department of Public Safety. Effective at
28-60 such date and under provisions as may be determined by the State
28-61 Board of Education, the driver of a school bus shall have in his
28-62 possession a certificate stating he is enrolled in, or has
28-63 completed, a driver training course in school bus safety education
28-64 that has been approved jointly by the State Board of Education and
28-65 the Texas Department of Public Safety. The bus driving certificate
28-66 shall remain valid for a period of three years. This subsection
28-67 does not affect the right of any otherwise qualified person with a
28-68 hearing disability to be licensed, certified, and employed as a bus
28-69 driver for vehicles used to transport hearing impaired students or
28-70 persons. This subsection does not apply to the operation of a
29-1 vehicle owned by a public institution of higher education to
29-2 transport students of a school district that operates within that
29-3 institution if:
29-4 (1) the person operating the vehicle is approved by
29-5 the institution to operate the vehicle; and
29-6 (2) the transportation is for a field trip or other
29-7 special event.
29-8 SECTION 6.15. Section 13.046(a), Election Code, is amended
29-9 to read as follows:
29-10 (a) Each principal of a public or private high school <or
29-11 his designee> shall arrange for an individual to serve at the
29-12 school as a high school deputy registrar for the county in which
29-13 the school is located. The high school deputy registrar is not
29-14 required to be a school employee.
29-15 SECTION 6.16. Section 201.003(7), Local Government Code, is
29-16 amended to read as follows:
29-17 (7) "Local government" means a county, including all
29-18 district and precinct offices of a county, municipality, <public
29-19 school district,> appraisal district, or any other special-purpose
29-20 district or authority other than a school district.
29-21 SECTION 6.17. Section 431.005(a), Government Code, is
29-22 amended to read as follows:
29-23 (a) A person who is an officer or employee of the state, a
29-24 municipality, a county, or another political subdivision of the
29-25 state and who is a member of the state military forces or a reserve
29-26 component of the armed forces is entitled to leave of absence from
29-27 the person's duties on a day on which the person is engaged in
29-28 authorized training or duty ordered or authorized by proper
29-29 authority. During a leave of absence the person may not be
29-30 subjected to loss of time, efficiency rating, vacation time, or
29-31 salary, except that a school district employee is entitled to
29-32 compensation from the district only in an amount that is the
29-33 difference between the employee's district salary and military or
29-34 reserve salary during the period of the leave.
29-35 SECTION 6.18. Section 4B, Texas Structural Pest Control Act
29-36 (Article 135b-6, Vernon's Texas Civil Statutes), is amended by
29-37 amending Subsections (b) and (d) and adding Subsection (g) to read
29-38 as follows:
29-39 (b) An individual must be licensed as a certified
29-40 noncommercial applicator if the individual is not licensed as a
29-41 certified commercial applicator and the individual:
29-42 (1) is an employee of the state or a city or county
29-43 and engages in the business of structural pest control; or
29-44 (2) is an employee of a person who owns, operates, or
29-45 maintains a building, the individual engages in the business of
29-46 structural pest control in the building, and the building is an
29-47 apartment building; day-care center; hospital; nursing home; hotel;
29-48 motel; lodge; warehouse; or food-processing establishment, other
29-49 than a restaurant, retail food, or food service establishment<;
29-50 school or educational institution>.
29-51 (d) An owner of a building that is an apartment building;
29-52 day-care center; hospital; nursing home; hotel; motel; lodge;
29-53 warehouse; or food-processing establishment, other than a
29-54 restaurant, retail food, or food service establishment<; school or
29-55 educational institution>, may obtain pest control services for the
29-56 building from a person only by:
29-57 (1) contracting with a business that has a structural
29-58 pest control business license; or
29-59 (2) requiring an employee of the owner, who is
29-60 licensed as a certified noncommercial applicator, to perform the
29-61 services.
29-62 (g) Before an employee of a school or other educational
29-63 institution who is not licensed under this Act engages in the
29-64 business of structural pest control in the school or other
29-65 educational institution, the employee must complete training and
29-66 satisfy any other requirements determined by the Texas Agricultural
29-67 Extension Service, established under Section 88.001, Education
29-68 Code. This subsection does not authorize the employee to engage in
29-69 the business of structural pest control outside the scope of
29-70 employment.
30-1 SECTION 6.19. Section 21.031, Education Code, is amended by
30-2 amending Subsections (a), (b), (c), and (d) and adding Subsections
30-3 (i) and (j) to read as follows:
30-4 (a) All children <who are citizens of the United States or
30-5 legally admitted aliens and> who are five years of age or older and
30-6 under the age of 21 years on the first day of September of any
30-7 scholastic year shall be entitled to the benefits of the Available
30-8 School Fund for that year. All other children enrolled in a
30-9 prekindergarten class under Section 21.136 of this code are
30-10 entitled to the benefits of the Available School Fund.
30-11 (b) Every child in this state <who is a citizen of the
30-12 United States or a legally admitted alien and> who is over the age
30-13 of five years and not over the age of 21 years on the first day of
30-14 September of the year in which admission is sought shall be
30-15 permitted to attend the public free schools of the district in
30-16 which the child or either <or his> parent reside <resides> at the
30-17 time he applies for admission; the child and his guardian or other
30-18 person having lawful control of him under an order of a court
30-19 reside at the time he applies for admission; the child resides, if
30-20 he is 18 years of age or older or his disabilities of minority have
30-21 been removed under Chapter 31, Family Code; or the child has
30-22 established a separate residence under Subsection (d) of this
30-23 section. A district may require evidence that a child is not
30-24 eligible to attend the public free schools of the district at the
30-25 time the district considers an application for admission of the
30-26 child.
30-27 (c) The board of trustees of any public free school district
30-28 of this state or its designee shall admit into the public free
30-29 schools of the district free of tuition all persons <who are either
30-30 citizens of the United States or legally admitted aliens and> who
30-31 are over five and not over 21 years of age at the beginning of the
30-32 scholastic year if:
30-33 (1) such person or <or> either parent of the person
30-34 reside <resides> within the school district;
30-35 (2) such person resides within the school district and
30-36 is 18 years of age or over or his disabilities of minority have
30-37 been removed under Chapter 31, Family Code;
30-38 (3) such person and his guardian or other person
30-39 having lawful control of him under an order of a court reside
30-40 within the school district;
30-41 (4) <(3)> such person has established a separate
30-42 residence under Subsection (d) of this section; or
30-43 (5) <(4)> such person is homeless, as defined by 42
30-44 U.S.C.A. Sec. 11302, regardless of the residence of the person, of
30-45 either parent of the person, or of the person's guardian or other
30-46 person having lawful control of him.
30-47 (d) In order for a person under the age of 18 years to
30-48 establish a residence for the purpose of attending the public free
30-49 schools separate and apart from his parent, guardian, or other
30-50 person having lawful control of him under an order of a court, it
30-51 must be established that his presence in the school district is not
30-52 for the primary purpose of attending the public free schools of the
30-53 district <participation in extracurricular activities>. The
30-54 district <board of trustees> shall be responsible for determining
30-55 whether an applicant for admission is a resident of the school
30-56 district for purposes of attending the public schools. The board
30-57 of trustees of the district<, and> may adopt reasonable guidelines
30-58 for making a determination as necessary to protect the best
30-59 interest of students.
30-60 (i) No later than three days after receiving an application
30-61 for admission to attend its public free schools under Subsection
30-62 (c)(4) or (5) of this section, a district shall provide to the
30-63 child the free, appropriate public education which would be
30-64 provided to a resident of the district. Regardless of its local
30-65 admission decision, the district shall continue providing such
30-66 education until relieved of this obligation by a regional hearing
30-67 under this subsection. Within three days of a decision denying
30-68 admission to attend its public free schools under Subsection (c)(4)
30-69 or (5) of this section, the district shall cause a record of its
30-70 local proceedings to be transmitted to the regional education
31-1 service center serving the district. The regional education
31-2 service center shall select an official under rules adopted by the
31-3 commissioner of education to take evidence de novo and render a
31-4 decision by a preponderance of the evidence determining which
31-5 district shall admit the child and allow the child to attend its
31-6 public free schools under this section. This regional hearing
31-7 shall not be subject to the Administrative Procedure and Texas
31-8 Register Act (Article 6252-13a, Vernon's Texas Civil Statutes).
31-9 Appeal to the commissioner of education from the regional decision
31-10 under this subsection shall be determined on the record of the
31-11 regional hearing under the substantial evidence standard of review.
31-12 This subsection does not relieve a person of any liability under
31-13 Subsection (g) of this section or under Section 37.10, Penal Code.
31-14 (j) The commissioner of education shall adopt rules to
31-15 implement this section.
31-16 SECTION 6.20. Subchapter B, Chapter 21, Education Code, is
31-17 amended by adding Section 21.0314 to read as follows:
31-18 Sec. 21.0314. SURROGATE PARENTS. (a) A school district
31-19 shall ensure the protection of the best interests of a child
31-20 admitted to the public free schools of the district under Section
31-21 21.031(c)(4) or (5) of this code if the child is under 18 years of
31-22 age, when:
31-23 (1) no parent, guardian, or other person having lawful
31-24 control of the child under an order of a court can be identified;
31-25 (2) the district, after reasonable efforts, cannot
31-26 discover the whereabouts of a parent, guardian, or other person
31-27 having lawful control of the child under an order of a court; or
31-28 (3) the child is homeless, as defined by 42 U.S.C.A.
31-29 Section 11302, and contacting the child's parent, guardian, or
31-30 other person having lawful control of the child under an order of a
31-31 court would violate federal law governing the education of homeless
31-32 children.
31-33 (b) The district shall assign an individual to act as a
31-34 surrogate for the parents of a child satisfying Subsection (a) of
31-35 this section. If the child is a child with disabilities under 20
31-36 U.S.C.A. Section 1415 and requires a special education surrogate
31-37 under 34 C.F.R. Section 300.514, a surrogate parent shall be
31-38 assigned pursuant to 34 C.F.R. Section 300.514, and the special
31-39 education surrogate may be assigned to act as a surrogate for the
31-40 parents of the child under this section. All Texas public school
31-41 districts shall adopt policies for determining whether a child
31-42 needs a surrogate parent under this section and for assigning a
31-43 surrogate parent to the child, consistent with any rules adopted by
31-44 the State Board of Education under this section.
31-45 (c) The surrogate parent may represent the child and may
31-46 give his or her consent, authorization, or power-of-attorney on
31-47 behalf of the child in any matter relating to the education of the
31-48 child if a parent, guardian, or other person having lawful control
31-49 of the child under an order of a court would have such right.
31-50 (d) The State Board of Education shall adopt rules to
31-51 implement this section.
31-52 SECTION 6.21. Sections 21.930(a), (b), (c), and (g),
31-53 Education Code, are amended to read as follows:
31-54 (a) The board of trustees of each school district shall
31-55 adopt a policy to involve the professional staff of the district
31-56 and parents of district students in establishing and reviewing the
31-57 district's educational goals, objectives, and major district-wide
31-58 classroom instructional programs.
31-59 (b) The board shall establish a procedure under which
31-60 meetings are held regularly with representative professional staff
31-61 and parents and the board or board designee.
31-62 (c) The board shall adopt a procedure, consistent with
31-63 Section 21.904(a) of this code, for the professional staff within
31-64 the district to nominate and elect the representatives who will
31-65 meet with the board or the board designee as required under the
31-66 provisions of this section. Two-thirds of the elected
31-67 representatives must be classroom teachers. The remaining
31-68 representatives shall be campus-based staff and parents.
31-69 (g) Each district shall annually report to the Central
31-70 Education Agency the involvement of the district's professional
32-1 staff and parents in district-level decisions under the policy and
32-2 procedures adopted under this section. The agency shall compile
32-3 the district reports into a single report and present that report
32-4 annually to the legislature.
32-5 SECTION 6.22. Sections 21.931(a), (c), and (e), Education
32-6 Code, are amended to read as follows:
32-7 (a) Each school district shall develop and implement a plan
32-8 for site-based decision making <not later than September 1, 1992>.
32-9 Each district shall submit its plan to the commissioner of
32-10 education for approval.
32-11 (c) A school committee established under this section shall
32-12 include parents of children attending the school and community
32-13 representatives. The community representatives may include
32-14 business representatives.
32-15 (e) The commissioner shall identify or make available to
32-16 school districts various models for implementing site-based
32-17 decision making under this section <not later than January 1,
32-18 1992>. The commissioner shall arrange for training in site-based
32-19 decision making through one or more sources for school board
32-20 trustees, superintendents, principals, teachers, parents, and other
32-21 members of school committees.
32-22 SECTION 6.23. Chapter 56, Education Code, is amended by
32-23 adding Subchapter J to read as follows:
32-24 SUBCHAPTER J. THREE-YEAR HIGH SCHOOL
32-25 INCENTIVE: TUITION CREDITS
32-26 Sec. 56.161. PROGRAM NAME. The student financial assistance
32-27 program authorized by this subchapter is known as the Three-Year
32-28 High School Incentive: Tuition Credits program.
32-29 Sec. 56.162. PURPOSE. (a) The Three-Year High School
32-30 Incentive: Tuition Credits program is created to increase
32-31 efficiency in the foundation school program and to provide tuition
32-32 assistance to an eligible person to enable that person to attend a
32-33 postsecondary educational institution in this state.
32-34 (b) A portion of the savings to the foundation school
32-35 program that occur as a result of the program is dedicated to
32-36 tuition credits provided by the program.
32-37 Sec. 56.163. ELIGIBLE PERSON. (a) To be eligible for the
32-38 Three-Year High School Incentive: Tuition Credits program, a
32-39 person must:
32-40 (1) have successfully completed the requirements for a
32-41 public high school diploma in not more than three years and been
32-42 graduated, or be eligible for graduation, from a Texas public high
32-43 school; and
32-44 (2) be a Texas resident as defined by Texas Higher
32-45 Education Coordinating Board rules.
32-46 (b) Each school district shall certify annually to the
32-47 coordinating board the names and other identifying information of
32-48 those students in the district who are eligible under this section.
32-49 Sec. 56.164. ENTITLEMENT. An eligible person under the
32-50 Three-Year High School Incentive: Tuition Credits program is
32-51 entitled to $1,000 in tuition credits at a postsecondary
32-52 educational institution in this state. The use of a credit at a
32-53 private or independent college or university is contingent on the
32-54 private or independent college's or university's agreement to match
32-55 the state's credit. A student's credit expires at the end of two
32-56 years unless the Texas Higher Education Coordinating Board's rules
32-57 authorize an extension.
32-58 Sec. 56.165. ADMINISTRATIVE AUTHORITY. The Texas Higher
32-59 Education Coordinating Board shall provide a certificate for
32-60 tuition credit to an eligible person.
32-61 Sec. 56.166. PAYMENT OF TUITION CREDIT; AMOUNT. On the
32-62 receipt of a report from a postsecondary educational institution in
32-63 this state of the enrollment of an eligible person, the Texas
32-64 Higher Education Coordinating Board shall distribute to the
32-65 postsecondary educational institution the lesser of the amount of
32-66 the tuition credit or the actual amount of the person's tuition
32-67 charges for that enrollment period.
32-68 Sec. 56.167. ADOPTION AND DISTRIBUTION OF RULES. (a) The
32-69 Texas Higher Education Coordinating Board shall adopt rules to
32-70 administer this subchapter.
33-1 (b) The coordinating board shall distribute copies of all
33-2 rules adopted under this subchapter to each postsecondary
33-3 educational institution in this state and to each school district.
33-4 Sec. 56.168. FUNDING. (a) The Three-Year High School
33-5 Incentive: Tuition Credits program is financed under the
33-6 foundation school program. Funding for the credits is not subject
33-7 to Section 16.254(d) of this code.
33-8 (b) Not later than October 1 of each year, the Texas Higher
33-9 Education Coordinating Board shall file a report with the
33-10 commissioner of education and the foundation school fund budget
33-11 committee. The report shall include the number of students who
33-12 are entitled to the tuition credits, the tuition credits disbursed
33-13 under the program, and a projection of future funding for the
33-14 program.
33-15 (c) Out of funds appropriated for the foundation school
33-16 program, the commissioner of education shall transfer to the
33-17 coordinating board each year an amount sufficient to fund tuition
33-18 credits for students who satisfy the eligibility requirements under
33-19 Section 56.163 of this code.
33-20 (d) The commissioner of education and the foundation school
33-21 fund budget committee shall consider the costs of the program in
33-22 estimating the funds needed for foundation school program purposes.
33-23 SECTION 6.24. The following provisions are repealed:
33-24 (1) Sections 15.02, 16.011, 21.008, 21.132-21.134,
33-25 21.162, 21.164, 21.168, 21.169, 21.174(e), (f), (g), and (h),
33-26 21.177, 23.04, 23.993, 23.994, and 23.999, Education Code; and
33-27 (2) Section 3.03, State Purchasing and General
33-28 Services Act (Article 601b, Vernon's Texas Civil Statutes).
33-29 ARTICLE 7. SUNSET PROVISION
33-30 SECTION 7.01. Section 11.011, Education Code, is amended to
33-31 read as follows:
33-32 Sec. 11.011. Sunset Provision. The Central Education Agency
33-33 is subject to Chapter 325, Government Code (Texas Sunset Act).
33-34 Unless continued in existence as provided by that chapter, the
33-35 agency is abolished September 1, 1995 <2003>.
33-36 SECTION 7.02. (a) The Select Committee to Conduct a
33-37 Comprehensive Review of the Central Education Agency is
33-38 established.
33-39 (b) The committee is composed of:
33-40 (1) the chairs of the Senate Education Committee and
33-41 the House Public Education Committee;
33-42 (2) two members of the senate, appointed by the
33-43 lieutenant governor;
33-44 (3) two members of the house of representatives,
33-45 appointed by the speaker of the house of representatives;
33-46 (4) one teacher, one principal, and one school
33-47 district superintendent, appointed jointly by the lieutenant
33-48 governor and the speaker of the house of representatives; and
33-49 (5) four representatives of businesses and
33-50 communities, at least two of whom have one or more children
33-51 attending the public schools, appointed jointly by the lieutenant
33-52 governor and the speaker of the house of representatives.
33-53 (c) The chairs of the Senate Education Committee and the
33-54 House Public Education Committee serve as co-chairs of the
33-55 committee.
33-56 (d) The committee shall conduct an in-depth and
33-57 comprehensive review of the mission, organization, size, and
33-58 effectiveness of the Central Education Agency. In conducting its
33-59 review, the committee shall study the mission, organizational
33-60 structure, and practices of similar agencies in other states. The
33-61 review must include:
33-62 (1) a study of the agency's success in addressing the
33-63 national education goals, adopted by the president of the United
33-64 States and the nation's 50 governors and the goals for public
33-65 education provided by Section 35.001, as added by this Act;
33-66 (2) a study of the agency's organizational mission,
33-67 structure, size, and effectiveness;
33-68 (3) the number and effectiveness of committees created
33-69 under the auspices of the agency or the State Board of Education;
33-70 (4) identification of those functions that should be
34-1 performed by the state and those that should be performed
34-2 regionally through the regional service centers;
34-3 (5) a study of the adequacy, validity, and timeliness
34-4 of data collected and published by the Public Education Information
34-5 Management System (PEIMS) as provided by Section 16.007, Education
34-6 Code;
34-7 (6) a study of the adequacy and effectiveness of
34-8 programs designed for special populations of students and for
34-9 teacher and administrator staff development;
34-10 (7) a study of the adequacy and effectiveness of
34-11 assistance provided the site-based management teams, established
34-12 under Section 21.931, Education Code; and
34-13 (8) a study of the efficient use of state resources,
34-14 school district structure, and opportunities for shared costs in
34-15 order to determine the best management and use of state resources
34-16 and to assist school districts in determining optimal educational
34-17 opportunities.
34-18 (e) The commissioner of education shall ensure that the
34-19 committee has access to any documentation and agency personnel the
34-20 committee requests.
34-21 (f) Meetings of the committee shall be held at the call of
34-22 the co-chairs.
34-23 (g) A majority of the members of the committee constitutes a
34-24 quorum.
34-25 (h) Not later than December 1, 1994, the committee shall
34-26 issue a report stating the findings of its review under Subsection
34-27 (d) of this section, including any recommendations for statutory
34-28 changes. The report must be approved by a majority of the
34-29 membership of the committee. Any dissenting member may attach a
34-30 statement to the report.
34-31 (i) Staff members of the Senate Education Committee and the
34-32 House Public Education Committee shall serve as staff of the
34-33 committee.
34-34 (j) The Legislative Budget Board, comptroller, State
34-35 auditor, and other state agencies, officials, and personnel shall
34-36 cooperate with the committee in carrying out its duties under this
34-37 section.
34-38 (k) Each member of the committee is entitled to
34-39 reimbursement for actual and necessary expenses incurred in
34-40 performing committee duties. Each legislative member is entitled
34-41 to reimbursement from the appropriate fund of the member's
34-42 respective house. Each public member is entitled to reimbursement
34-43 from funds appropriate to the committee.
34-44 (l) The Committee expires January 10, 1995.
34-45 ARTICLE 8. APPLICATION; EMERGENCY
34-46 SECTION 8.01. (a) The changes made by this Act to Sections
34-47 11.26 and 15.03, Education Code, and the repeal of Section 15.02,
34-48 Education Code, take effect immediately.
34-49 (b) The changes made by this Act to Section 4B, Texas
34-50 Structural Pest Control Act (Article 135b-6, Vernon's Texas Civil
34-51 Statutes), apply beginning with the 1994-1995 school year.
34-52 (c) The remainder of this Act applies beginning with the
34-53 1993-1994 school year.
34-54 SECTION 8.02. The importance of this legislation and the
34-55 crowded condition of the calendars in both houses create an
34-56 emergency and an imperative public necessity that the
34-57 constitutional rule requiring bills to be read on three several
34-58 days in each house be suspended, and this rule is hereby suspended,
34-59 and that this Act take effect and be in force from and after its
34-60 passage, and it is so enacted.
34-61 * * * * *
34-62 Austin,
34-63 Texas
34-64 May 20, 1993
34-65 Hon. Bob Bullock
34-66 President of the Senate
34-67 Sir:
34-68 We, your Committee on Education to which was referred H.B. No.
34-69 1064, have had the same under consideration, and I am instructed to
34-70 report it back to the Senate with the recommendation that it do not
35-1 pass, but that the Committee Substitute adopted in lieu thereof do
35-2 pass and be printed.
35-3 Ratliff,
35-4 Chairman
35-5 * * * * *
35-6 WITNESSES
35-7 FOR AGAINST ON
35-8 ___________________________________________________________________
35-9 Name: Dan Roberts x
35-10 Representing: Tx Assoc Pupil Transportation
35-11 City: Austin
35-12 -------------------------------------------------------------------
35-13 FOR AGAINST ON
35-14 ___________________________________________________________________
35-15 Name: Rob Anderson x
35-16 Representing: Tx Assoc Pupil Transportation
35-17 City: Bastrop
35-18 -------------------------------------------------------------------
35-19 Name: Ken Cogdell x
35-20 Representing: TAPT
35-21 City: Hutto
35-22 -------------------------------------------------------------------
35-23 Name: David McCain x
35-24 Representing: Longview ISD
35-25 City: Longview
35-26 -------------------------------------------------------------------
35-27 Name: Neilan Steele x
35-28 Representing: Pine Tree ISD
35-29 City: Longview
35-30 -------------------------------------------------------------------
35-31 Name: Johnnie B. Rogers Jr x
35-32 Representing: Texas Propane Gas Assoc.
35-33 City: Austin
35-34 -------------------------------------------------------------------
35-35 Name: Michelle G. Hooker x
35-36 Representing: Almeda Welding & Inspection
35-37 City: Houston
35-38 -------------------------------------------------------------------
35-39 Name: Baron H. Clements, Sr. x
35-40 Representing: Almeda Welding & Inspection
35-41 City: Houston
35-42 -------------------------------------------------------------------
35-43 Name: Garry Mauro x
35-44 Representing: General Land Office
35-45 City: Austin
35-46 -------------------------------------------------------------------
35-47 Name: Lamont Veatch x
35-48 Representing: Tx Assoc. Secondary Principal
35-49 City: Austin
35-50 -------------------------------------------------------------------
35-51 Name: Brad Duggan x
35-52 Representing: Tx Elem Principals & Supervisor
35-53 City: Austin
35-54 -------------------------------------------------------------------
35-55 Name: Jill Shugart x
35-56 Representing: Texas School Alliance
35-57 City: Garland
35-58 -------------------------------------------------------------------
35-59 Name: Patrick Francis x
35-60 Representing: Tx Assoc of School Boards
35-61 City: Austin
35-62 -------------------------------------------------------------------
35-63 Name: Bill Carpenter x
35-64 Representing: Tx School Alliance
35-65 City: Cypress-Fair ISD Houston
35-66 -------------------------------------------------------------------
35-67 Name: Wade Thomason x
35-68 Representing: American Lung Assoc
35-69 City: Austin
35-70 -------------------------------------------------------------------
36-1 Name: David Bolles x
36-2 Representing: TAPT
36-3 City: Austin
36-4 -------------------------------------------------------------------
36-5 Name: Thomas E. Kroutter x
36-6 Representing: Port Arthur ISD
36-7 City: Port Arthur
36-8 -------------------------------------------------------------------
36-9 Name: Johnny Veselka x
36-10 Representing: Tx Assn of School Admin
36-11 City: Austin
36-12 -------------------------------------------------------------------
36-13 FOR AGAINST ON
36-14 ___________________________________________________________________
36-15 Name: Reggie James x
36-16 Representing: Consumers Union
36-17 City: Austin
36-18 -------------------------------------------------------------------
36-19 Name: Cindy Holkway x
36-20 Representing: Tx Assn School Bus.
36-21 City: Austin
36-22 -------------------------------------------------------------------
36-23 Name: Nancy McClaran x
36-24 Representing: Tx Assn Supervision Curriculu
36-25 City: Austin
36-26 -------------------------------------------------------------------
36-27 Name: Marsha Sonnenberg x
36-28 Representing:
36-29 City: Wharton
36-30 -------------------------------------------------------------------
36-31 Name: Monica Criswell x
36-32 Representing:
36-33 City: Bryan
36-34 -------------------------------------------------------------------
36-35 Name: Pat Hanks x
36-36 Representing: Assn Tx Professional Educator
36-37 City: Austin
36-38 -------------------------------------------------------------------
36-39 Name: Sandy Kibby x
36-40 Representing: Tx PTA
36-41 City: Austin
36-42 -------------------------------------------------------------------
36-43 Name: Walter Hinojosa x
36-44 Representing: Tx Fed of Teachers
36-45 City: Austin
36-46 -------------------------------------------------------------------
36-47 Name: Richard Schmidt x
36-48 Representing: Tx Propane Gas Assoc.
36-49 City: Buda
36-50 -------------------------------------------------------------------
36-51 Name: Fr. John Korcsmar x
36-52 Representing: Austin Interfaith
36-53 City: Austin
36-54 -------------------------------------------------------------------
36-55 Name: Rev. John Gilbert x
36-56 Representing: Austin Interfaith
36-57 City: Austin
36-58 -------------------------------------------------------------------
36-59 Name: Katherine B. Ray x
36-60 Representing: Austin Interfaith
36-61 City: Austin
36-62 -------------------------------------------------------------------
36-63 Name: Robin Gilchrist x
36-64 Representing: Texans For Education
36-65 City: Austin
36-66 -------------------------------------------------------------------
36-67 Name: Cindy Holdway x
36-68 Representing: Tx Assoc of School Boards
36-69 City: Austin
36-70 -------------------------------------------------------------------
37-1 Name: Soll Sussman x
37-2 Representing: Tx General Land Office
37-3 City: Austin
37-4 -------------------------------------------------------------------
37-5 Name: Lonnie Hollingsworth x
37-6 Representing: Tx Classroom Teachers Assn
37-7 City: Austin
37-8 -------------------------------------------------------------------
37-9 Name: Karen Miller x
37-10 Representing:
37-11 City: Houston
37-12 -------------------------------------------------------------------
37-13 FOR AGAINST ON
37-14 ___________________________________________________________________
37-15 Name: Charley McMath x
37-16 Representing: Tx Assn of Rural Schools
37-17 City: Rosebud
37-18 -------------------------------------------------------------------